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RJ Reynolds

in the Matter of: the State of Texas V. The American Tobacco Company, Et Al.

Date: 11 Nov 1996
Length: 73 pages
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Fuller Parker
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In The Matter Of: The State of Texas v. TheAmertcan Tobacco Company, et at. Joseph E. Bumgarner November 11, 1996 FT FULLER & PARKER 5910 NORTH CENTRAL EXPRESSWAY STE 400 DALLAS, TX 7520&5190 (214) 3G9-337G FAX.- (214) 369-3933 Orlg(nal File 1111bumg.vl, 315 Pages Mrr,-uscripS File rn.• 362a1o3932 ( Word Index included with this Min-U-Script®
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Joseph H. Bumgarner November 11,1996 Iml A: I assume it is, yes. In1 Q: You see it says the next page, it says Inl "Conference Room"? [xsl A: Right. [MI Q: That's where you were? tnl A: Yes. Page 47 1110: And did Mr.- did Dr. Senkus and al Mr. Vassallo make remarks to the 26 of you 131 assembled there in the confer- ence t+oom- I+I A: Yes, they did. isi Q: - that morning in March 1970? 161 A: Yes, they did. m Q: Okay. Genetally, in your own ta] recollection, sir, what did they tell you? rol A: I think Mr. Vassallo opened his Ita] remarks by saying he was sorry but he had news im that would hurt him more than it did us. u210: It would hurt him more than it did U3[you? u+] A: I think that's the way he stated it. us10: Okay. How long had Mr. Vassallo been Its] with RJ.Reynolds? Had he been there for 20 Im years, or what? psl A: No. He was - it was my under- standing 1191 he was fairly recentlybroug- ht onboard. tml 0: So he had news that was going to hurt Inl him more than you. What was that news? Izzl A: That we were termiaated. Ijal Q: You were terminated? tut A: Right. That it had been a difficult ns] decision to make but that we were terminated. Page 48 ul 0: "We" being how many people? 121 A: Twenty-siz people. 13] Q: Twe nty-sia people. And wo uld you say H] that was the majority - the vast tmjority or the Isl tninority of the smok- ing and health group? 161 A: That was the vast majority. [7] 0: That were dismissed? [a] A: Correct. [9l MR. QROSSMAN:Objection, your Oo] Honor, lack of foundation. The question presumes nt] all the people who were fired were in what counsel nil has referred to as the smoking and health group. im I'm sure the witness if asked that question would 1141 identify that these people were not inthe smoking ns] and health group nor did they work exclusively on 1161 smoking and health. u7]JUDGERADFORD:Would you like to Its] clar you question up, Mr. MoUey? n9] 0: (By Mr. Motley) Mr. Bumgarner, the tm] men who were fired, whether The State of Texas v. The American Tobacco Company, et aL they worked in the I2n biological re- search department or specifically in tnl the smoking and health group, were they all Ib] scientists and technicians? Ixl A: Yes. hsl 0: WeretheyaUworking,onewayor Page 49 [u another, on a project dealing with smoking and 121 heaRh? [31 A: Everybody? 1410: The 26. IsIA:The26- 1610: Do you have a list of names there? t7] A: I have a list of names here. Some of tal them worked in the starch division. 1910: In the starch division? uo] A: That's correct. tul 0: How many ofthem worked- let's look u21 atthe list.Where didTompkins- counsel raised n3] this. Where did Tottr pkins work? [t41 A: He worked in the Mouse House. usl 0: That's part of the - [t61 A: That's part of the smoking and health. p710: Ridlon? pel A: Ridlon was smoking and health. ft91 Q: Colucci? [ml A: Colucci was smoking and health. [2u 0: Sitnmons? [221 A: Smoking and health. tz31 0: Ayers? [as] A: I don't remember him. [zs10: Okay. Benko? Page 50 [tu A: (No response.) ta10: I know it's 26 years ago, but do the [31 best you can. w] A: Benko I think worked in smoking and Is] halth, but I'm not certain. I6] 0: Harold Smith? m A: Harold Smith was smoking and health. ta] Q: Clara Heise? 191 A: Was smoking and health. im 0: I can't read the first name, some- body ttt] Sizemore? u:] A: Nell Sizemore was smoking and health. u31 She worked directly in our group. 11410: Clarence Walton? las] A: Clarence Walton I do not re- member. u6] 0: Leroy Gerald? [m A: Leroy Gerald was smoking and health. ttal Q: Jane Foster? tt9] A: Jane Foster I don't remember. I2ol 0: William Mazeika? I2[I A: I don't remember him. lul 0: Andrea Jordon? 1n] A: I don't remember. [2e[ 0: Joseph Bumgarner is you? [2s[ A: I was smoking and health. Page 51 It10: James Sutton? [a7 A: I don't remember him. 1310: McArthur Newell? t+] A: McArthurNeweU was smoking and ts] health. I6] 0: Otto Beek? m A: CKto Beek,l'm not sure where he [s] worked. 19] 0: P. Somasundaran? po] A: I think he was smokingand halth. u0 0: Okay. B. Vijayendtan? u21 A: I think he was smokingand health. It310: P. L. Carey? pal A: I'm not sure. Itsl Q: Gerald Sipes? It61 A: I'm not sure about him either. n7[ 0: Robert Bruce? im A: Robert Bruce worked on the st- arch n9] project. ual 0: Bobby Erzell? 12n A: I'm not sure. 1a210: Roy Swaringen? 1a31 A: Swaringen I think was smoking and [x] health. Iasl Q: Michael Campbell? Page 52 Iq A: Campbell I'm not is sure. (:) 0: Well, of the ones who were on smoking 131 and health, you told us the ones you knew clearly [4] worked there, how many were left after this being tsl meeting you had in March in the con- ference room, 161 smoking and health people? 171 A: Smoking and health people? 1810: How many didn't get fired? [91 A: I don't think Nell Sizemore was fired. lio] 0: But of the people you worked with, pq were most of them terminated or not? 1121 A: Yes. u3[ 0: Most? It4] A: Most were -a couple technicians were usl not. 1[s] 0: Did Mr. Vassallo or Dr. Senkus tell [17[ you folks gathered there in March of 1970 that you Ite] were being dismissed because all of you 1191 collectively had done a poor job? ho] A: No.Just the opposite. Page 47 - Page 52 (10) Min-U-Bcript® 51538 4882
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The State of Tesas v. Joseph E. Bumgarner The American Tobacco Company, et aL November 11, 1996 [22] notebooks returned to them7 [rt1 A: Not - ta+l MR. GROSSMAN:I object to the 1251 question on the grounds of form. It's a compound Page 41 Itl question. 121 MR. MOTLEY:I'll break it down. 131 JUDGE RADFORD:Thank you. 1410: (By Mr. Motley) First, was your [sl notebook returned to you while you were employed [61 by RJ. Reynolds? m A: No, it was not. t% 0: When did you first see your note- book fsl again? If you were dismissed in March of 1970. Ito1 when did you Joseph Bumgarner,have yourhandson un orbe able to see your notebook again? nu1 A: Approximatelya couple years ago when 1131 I was called Into Womble Carlyle and asked to 1141 verify that my notebooks were still in existence. I1s10: Now,would this have been 1992? tt61 A: Approximately, yes. [v10: Womble Carlyle is a what? Is that a [ta] science outfit? It91 A: It's a law firm that represents hol RJ. Reynolds' interests. 12110: And you went - did you follow their izzl request? [t31 A: Yes, I did. [M10: You were employedby whoatthe time? Inl A: I was employed by EPA. Page 42 lu Q: You were a government employ- ee? 121 A: Yes. 1310: And you were sumrtansed bya law firm 141 representing who? Isl A: RJ. ReynoldsTobacco Company. [610: To do what? [7i A: To vcrify the existence of my tsl notebooks. 1910: How did you - where did you go? Did ttol you go to R J. Reynolds'research department and ttq look at your note- book? 1121 A: No. I went to Womble & Carlyle's u31 offices in Raleigh. [t41Q:Alawfuml usl A: Right. its10: Did you find your notebooks there? Inl A: I was shown sonx of our note- books.I pe] was shown two. pg10: The lady seated here behind counsel, tm] was she there at the time? 1211 A: Yes, she was. [2210: She's a lawyer for Womble Car- lyle? [231 A: Yes. [2410: Did she have your notebook? tnl A: The notebooks were there. Yes, she Page 43 Iq had them. [2] 0: Nowsir,afteryournotebookswere 131 called for by the law department, did you - t41 thereafter did you learn any- t h ing from your tsl superviso rs as to wha t had happened to your 161 notebooks? What were you told had happened to m your notebooks when you didn't get them back? [gi A: We were told they had been [vl accidentally destroyed in the legal dep artment. uo] 0: And were you still with the com• pany itn for a few days after you were told your notebooks 1121 had been accidentally destroyed? p31 A: Yes. u4] Q: And throughout the time when you were ttsl told theywere accidentally destroyed until the ps] time that the whole department was discharged, did [n anybody come and tell you, "We made a mistake; we us1 found your notebooks"? 091 A: No. Im10: To your personal knowledge, sir, did [2n anyof the other 25 scientists who were discharged inl ever get their note- books back before the daythey [231 were discharged? [24] A: No. [n] Q: Have you ever been given a copy of Page 44 tq your notebooks even as we sit here today in 121 November of 1996 in federal courthouse in 131 Beaumont,Texas? I+1 A: A copy of my notebooks? No. [s10: Now, sir, if you would, describe for 161 the ladies and gentlemen of the jury and the Court m the day of the dis- charge. Tell us when you went ts] to work, when you learned you were dismissed, and wl how you felt. Itol A: When we came into work that morning we [i n were told there would be a division meeting in the 1121 con- ferencc mom and that everybody would attend. [t31 A number of people who had been on travel status it41 forthe company that worked for the department had us1 been called back in for the meeting. We went up usi to the confcr_nce room meeting. There were people [t71 there that I was not familiar- I later found out [as] they were executives with the com pany. Ed 1191 Vassallo who was - and Murray Senkus were there. tm] 0: Mr. Vassallo - we know who Dr. Senkus 1211 is. Who is Mr. Vassallo? Who did you understand [22l he was? 1231 A: I'm not exactly certain what his title p4lwasorwhathisposidonwith the company was. He Inl seemed to be an executive with the company at the Page 45 [tl time. Iz10: Physicallywhere were members of your t31 departtnent? Where were you bcated? p] A: We were in the basement of the [sJ research facility. 1610: The basement of the research fac- ility? m A: Right. ta10: And were you allowed to leave, come [91 and go as you pleased? no] A: You mean during the - the dis- missal tn] in the conference room? 11210: Yes. 113) A: We were in the conference room us1 upstairs. [ts10: Were you allowed to enter and leave as nsl you pleased or were you required to stay there? [n1 A: We were required to stay there until nal we were dismissed. (1910: Now approximately what time of the [20] morning if you remember - I itnaginethis isa [n1 right memorable day in your career. [221 A: Yeah. [2310: Had you and the members of your group t24] been assembled in the con- ference room before this [nl date ai- together at one time? Page 46 ul A: We had never been in the con- ference 121 room as a group. t310: And Mr. Vassallo and Dr.Senkus, did [+1 theyconductthe meetingorsomeone else? Isl A: Mr. Vassallo and Dr. Senkus con- ducted [s] the meeting, yes. m 0: Okay. And do you remember who did [e1 most of the talking? 191 A: Mt Vassallo. po10: That would be TSdtibit 3, correct? Now uq I'm putting up here on the screen, sir, something pzl entitled - a written document entitled tt31 "In- troductory Remarks: By Dr. Senkus." Down at tt41 the bottont it - show the bottom.It shows ttsl Mr.Vassallo.Can you see the screen? Just look Itsl at the bottom of your copy. [n1 A: Okay. Us] 0: Do you see the name "Vassallo"? Is 1191 that the same Vassallo? Min-U-ScriptiR 51538 4881 (9) Page41-Page46
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Joseph B. Bumgarner November 11, 1996 as 1131 weB? [2+l A: Yes, sir. irn Q: Your writing up to the time you were Page 96 iti hired by Reynolds was published in Insect Ixi Physiology; is that correct? 131 A: That's correct. [si 0: And you dealt with lipid metab- olism of (si the boll weevil? [6i A: Yes, sir. m 0: Allright.Before you were hired by iai Reynolds you had never done any work on tobacco (91 and health; Is that correct? [toi A: That's correct. u ti 0: You had never done any work on o2i tobacco, correct? 1131 A: Correct. u+10: You had never done any work on the [tsi health of humans; is that correct? psl A: That's correct. p7i 0: You had never done any work on nsl cigarette design? (t91 A: No, sir. (2010: Andyou hadn't done anyworkon 1211 mammals; is that correct? uz] A: That's correct. [z3] 0: You hadn't done work on rabbits or ix4l mice orrats oranymaromais,never mind humans; is [zsl that correct? Page 97 [ti A: That's also correct. (a 0: You hadn't done any cancer work, had 131 you? (.l A: No, sir. Isl 0: You hadn't done any emphysema work, 161 had you? m A: No, sir. [sl 0: You had never done any hearth disease [91 work, had you? pol A: No, sit. InIO:You had never studied human disease at uzl the tuaster's or doctoral level? iu31 A: Thars correct. iui Q: When Mr. Motley asked you be- fore about (tsi science courses, he said you taught science u61 courses in col• lege, you taught about bugs, didn't [t>t you? (tal A: No, sir. u9i Q: What did you teach about? [xoi A: I taught an envirotunental en- gineeriog 1211 cout'se at North Carolina State University. iui 0: Okay. You didn't teach about smoking [231 and health, did you? ir41 A: No, sir. The State of Texas v. The American Tobacco Company, et aL (asl 0: You didn't teach about anything Page 98 iti related to this case at all; is that correct? [:1 A: That's correct. [31 0: All right. Now, Mr. Bumgarncr, when 1+1 you were hired in 1967, your real title was junior [sl chemist; is that correct? [6i A: I believe that's correct, yes. m 0: It was junior because you were brand (81 newto the area; is that correct? (91 A: My impression was that it was because noi I did not hold a Ph.D. (t tl Q: You didn't hold a Ph.D. and some (tzl others who reported to Dr. Colucci like you did [13] hold Ph.D.s, didn't they? (141 A: That's correct. (ts10: Forcxample, Dr.Sam Simmons is a usl Ph.D., isn't he? 1171 A: Yes, he is. (ts10: He also reported to Dr.Coluccias you [tsl said? (2ol A: Yes. [2u 0: But you were brand new to the area of Inl anything relating to tobacco or to human health? 1231 A: That's correct. w] 0: And so you were at the bottom rung of (n1 the ladder in the Biological Research Division, is Page 99 ia that correct, among scientists? (2l A: Define that, please. i3] Q: There were no scientists reporting to (a) you, were there? [sl A: No senior scientist, no. i61 Q: And you said earlier that you re- ported pi to Dr.Colucci who hada chain of command leading (el up from him; is that correct? [91 A: That's correct. [to] 0: You were at the bottom of that chain [tn and it went up to the top of research and psl development at the top of the chain; is that u31 correct? nel A: As far as reporting, yes. [si 0: Now,you said a moment ago that [t6] Dr. Colucci has been your mentor. You view him as u1i an excellent scient- ist, don't you? 1181 A: Yes, I do. It910: Do you think the quality of his mind [ml and his work is top? [2q A: Yes. In] 0: You felt that way when you were atial Reynolds? (241 A: Yes, I did. [n] 0: And continue to feel that way? Page to0 (u A: Yes, I do. 1210: And he defined the scope of your work; [3i is that correct? 141 A: Yes. He described the mission and the [sl scope. [s10: And you deferred to him in dete- rmining [71 the scope ofyourwork orthe interpretation of (81 the results; is that correct? [91 A: I contributed to the interpretation. uoi 0: Ultimately you deferred to him, did [t] you not? 1121 A: Yes. u3l Q: Now, Dr. Sam Simmons was at Reynolds [ta when you were there too? (1si A: Yes. ttel Q: Healsowasanimminentscientist? (ni A: He was a scientist. Depends on how its] you define "imminent." u910: You would view him as a man of high (aol intellect, wouldn't you? i=tl A: Yes, I would. 1221 Q: Of high scientific skills? 1231 A: Yes. 1241 Q: And of integrity? (nl A: Yes. Page 101 [t] Q: And Charlie Nystrom aas there? (2l A: Yes. 1310: He too was a man of high intellig- ence? is] A: Yes. (sl Q: High scientific skills? 16] A: Yes. 1710: And integrity? is] A: Yes. (910: And Mr. - Dr. Nielson was there? nol A; Yes ut10: He was a man of integrity? (121 A: Yes, he was. p3i 0: Absolutely? 141 A: Yes, sir. 11510: And he was a man of tremendous (t61 scientific skillsaswell;is that correct? 1171 A: That's my opinion, yes. [tel Q: And these men who had worked on [t9] smoking-related matters for years had a clearer (ml viewof the relevance of the scientific research (2p than you did as a junior chemist coming from an [ul entomological background; is that cor- rect? 123] A: With their history, yes, they did. (zn 0: Now, let's turn to your work at the 1251 Biological Research Division. Mr. Motley referred Page96-Pagelol (18) Min-UmScript® 51538 4890
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Joseph E. Bumgarner November 11, 1996 Iz31 A: Yes. 1241 MR. GROSSMAN:Your Honor, may I asl have a continuing objection to - Page 59 tt] JUDGE RADFORD: You've got [2l ob- jection to it, yes. 131 MR. GROSSMAN: On the form of the [+1 question with regard to - Isl JUDGE RADFORD:Yes._ 1610: (ByMt.Motley) Do youhave a page up 171 there that has a photograph of Dr. Colucci? rel A: Yes. t91 0: And it contains a number of quota- tions uol in there, correct? Uu A: There atc quotations underlined, yes. I u10: Okay. Now, sit, if you would look im back on-havc you had a chance to study those usl quotations? [ tsl A: I've read them, yes. [161 Q: In general, do you agree with the [v1 statements of Dr. Colucci? I want to ask you to usl assume he will make those statements in this I191 court. tiol A: I agree, yes. [w 0: Now,if you would look back, they tul quote from you, sir, on a previous page that has a u3] picture ofa childwith his hand in his eye and a 12+1 pie chart of smoking deaths, the page the quote t2s1 appears from you. Do you see that pie chart? Page 60 [u A: Yes. 1210: If you ll look up in the left top 131 corner, you ll sec a quote from Joseph Buntgarner. 141 Do you see where you say, "I strongly suspect we lsl were fired"? Look at the top left point of the [61 square that the pie chart is in.You ll see m the- [e1 A: I'm not sure I have the rightpage 191 here. uol THE WITNESS: Mine was cut off. [ul MR. KLOK:His was cutoff. [1n 0: (By Mr. Motley) l.ook on that one and 1131 tell mC [hat quote, if that's what you said and u+] that's what you believe? im A: That's what I said and that's what I 1161 believe. im MR. GROSSMAN:Your Honor, if I usl may have one additional continuing objection,for «9llack offoundation.The - Mr. Motleyis asking t2o1 the wimess, his own wirncss, in a proceedingthat I=11 has been set up for the purpose of pre- serving 12z1 testimony, to confirm what on its faee is [23] speculation.And I want a continuing objection [2.1 both to the form of the questions and to the lack [is1 of foundation where he's asking the witness to Page 59 - Page 64 (12) The State of Texas v. The American Tobacco Company, et aL Page 61 [n speculate or to confirm his previous speculation. tjl JUDGE RADFORD:I'veg'rvenyoua [31 running objection on the form of the question [41 that's asked. And if Mr. Motley wants to clear it [51 up, he has the opportunity to. [6] MR. GROSSMAN:Thank you, your rrl Honor. [aj 0: (By Mr. Motley) Sir, have you had a [91 chance to look at it now? uo] A: Yes. pa 0: Did you make that statement to the [l:1 press? 113] A: Yes, I did. 1141 Q: Is that what you believed at the time? [tsl A: Yes, I did. 1161 Q: Do you believe that today? nt1 A: Yes, I do. nsl Q: That's based on what, your per- sonal [t91 knowledge or something else? [sol A: That's based on my personal op inion 1211 and what I witnessed at the time. [221 Q: Wouldyoureadthestatementyou made 123] in 1992? [241 A: "I strongly suspect that we were fired tnl because anything we were doing was subject to Page 62 [o subpoena." [21 Q: Now sir, let me ask you some general (31 questions about the lab as you found it when you [+w came there in November of 1967. Did you believe [sl that you had equipment that at the time was state [61 of the art? [tl A: Yes. [si 0: Did you believe it was adequate to do [9] the job that you were assigned to do? tto] A: Yes. u u Q: And for a man who went to work there I121 every day, did you mingle and talk and associate [131 with the other scientists who were working on this n+l smoking and health question? usl A: On a periodic basis, yes. hsl Q: Were you, s'v,personally proud of the [v] work you were doing? Osl A: Yes, I was. u910: Why were you pmud of the work you [ml were doing? [2l1 A: I thought it was state ofthe art.I [22] thought the mission was clear.It was t23] meaningful. It wouldproduce research- or would [2+1 produce data that would be of benefit to man. We [nl were a ded- Icated group. And from that standpoint, Min•U-Script® Page 63 t I l we didour wotfr well and I'mproud of what we [al did.l have no problems with it whatsoever. [31 0: Untilthe lawyers demanded to see the [41 notebooks, to your personal knowledge had anybody lsl in senior management or senior science matr agement Isl reprimanded the quality of the scientific work the n11ab was doing? Is] A: Jttst the opposite. 1910: What do you mean "just the op posite"? [tol A: We were toldthat we were doinga good uu job and to continue in the path that we were going u2] byourimmediatc supervisors aU the way up to 1131 Dr. Nielson. u41 0: Dr. Nielson being second to the main Ilsl guy? 1161 A: Being second to Murray Scnkus, yes. uA 0: Now sir, would you describe what you im observed from the work you were doing at the [19] stnokingand health group from 1967 to March of t2o1 1970? Just in general terms, what kinds of things utl were you doing? hz1 A: That I was doing petsonally? 1231 0: Yes, sir. 1241 A: I was responsible for running the t=sj chemical analysis on lipids extracted from the Page 64 ttn lung, from other tissues in the body, liver, ct [21 cetera, also for extracting lung surfactant from [31 the rabbits and ao- alyzing that by gas 141 chromatography, thin-layer chromatography. These Isl are analytical methods used to determine lipid [sl content. [n10: Did you observe personally, or by [s] reviewing others' work, any injury caused in the 191 bodies of those animals by smoke? [tol A: Iwasshownslidesthatwereinthe ut] Mouse House, or photographs, of what I was told Ilzl was normal lung tissue and exposed lung tissue n31 that was showing signs of emphysema. II410: And who showed you these slides? im A: That would have been Gene Fluk usl (phonetic) and Doyle Johnson. nn 0: Who is Mr. Fluk and who is osl Mr. Johnson? p91 A: Doyle Johnson was a veterinary [2ol pathologist who was in chargc of animal exposures 1211 in the Mouse House. Gene Fluk worked for hhn. [221 Q: Have you seen these pictures that [=31 DrJohnsondescribed to you as being like im emphysema since 1970? 51538 4884
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The State of Texas v. The American Tobacco Company, et aL 12110: What did he say to you, sir? Ira) A: To the best of my memory, he said we [z31 were being terminated because of changing 1241 direction of the com, pany and because of economic 1251 reasons and it had - it wvs no reflection on the objections. [aol We'll take them up at the time of trial. [2u MR. GROSSMAN:AIl right.Thank [221 you. [r310: (By Mr. Motley) Is what I said [xl correct? tnl A: Will you repeat the question? Page 5s ul quality of our work. [z10: In fact,ifyou look at that document [3] you have in front of you, Dr. Senkus's remarks, [+1 the first page of the doa ument, in the second [s1 paragraph do you remember Dr. Senkus said words to [61 the effect "to eliminate research progtams which t>t are no longer appropriate to corporate needs, [sl ob• jectives, and strategies"? t91 A: Yes. nol 0: Words to that effect? n u A: Yes. [ul Q: Now sir, when you joined the company n31 in 1967,were you required to sign something [t+] called an invention and confidentiality agreement? [tsl A: Yes, I was. tt610: And when you were-you and the im others, to your knowiedge, wh e n yo u were [ta] dismissed, were you reminded you d signed a 1191 confidentiality agreement? [ml A: Yes, we were. 12110: And did - you understand that to mean [221 what? 1231 A: That we were not to discuss company [:4] processes or secrets to competitors. [n10: Sir, when you were working at that Page 54 lt] laboratory, did you believe that your mission was [21 to help public health in somc way? [3] A: That was how we believed our mission [41 to be. i~l Q: And your mission in public held was to tsl do what? rn A: To determftie the cause of emphysema, isl to see if smoking was a cause of emphysema and, If [91 it was, to do something,ifpossible,to correct itol it by changing the product constituents, what have un you. n21 0: And when you were dismissed, youwere [t31 reminded that you d signed such a confidentiality [p41 ortnde secret agreement? usl A: Yes. psi MR. GROSSMAN:Objection. Asked ur1 and answered, argumentative with his own witness. [tel JUDGE RADFORD:Overruled. You 091 don't need to make those kind of Page 55 [t10: Were you reminded thaeyou sig- ned a 121 confidentiality, trade secret agreement? [31 A: Yes, sir. 1410: Now sir, you indicated earlier that (51 you were contacted I believe by the media sometime 161 in the early '90s? r7j A: Yes. [s10: Can you tell us how that hap pened? [91 A: I was called at work by a reporter po] fromthe Greensboro paperwho told me that they [ttl were doing a story on the tobacco companies and u21 smoking and health, that they had interviewed a [131 number of scientists from those companies and he [t41 would like to talk to me to verify information ps] that they had gotten. nsl MR. MOTLEY: Excuse me one [nl sea ond, your Honor. Get my copies in order. This pei will be marked No.4. p910: (By Mr. Motley) Have you had a chance [2ol to look at No.4? [zq A: Prior to this? [ul0:I'm saying right now, have you looked 1231 at it? Does that refresh your recollection that [u/ that's a Xerox copy of the newspaper article that tast con- tains an interviewwith you,amongother Page 58 ul people? il] A: Yes. [3] Q: The date is September 26,1992? [41 A: That's correct. [s10: A8 right.And I would ask you, sir, ls] to turn overand look at page A4.There's a[71 picture of a gentleman there named Sam Simmons. [sl A: Correct. [910: Who was Mr. Simmons in the - in 1970, uol who was Mr. Simmons? p t] A: Dr. Simmons was a member of the ttzi smoking and health group in the research [t31 department and - who also worked under [u1 Dr. Colucci. us10: Was he fired on that day- u61 A: Yes, he was. trn Q: - in March 1970? nal A: Yes, he was. 11910: We have a picture of him here in [ml 1992. He's identified as a RJ. Re- ynolds ta] researcher. Was be with the Joseph & Bumgarner November 11, 1996 company in 1992? [zz] A: Yes, he was. [x310: To yourknowledge, is he still with [r+1 the company? [xsl A: As far as I know, he is. Page 57 [t10: Mr. Simmons - and I'll just ask you Rl to assume the truth of this statement because he's [31 going to be asked this before the trial.Assume t+l that he - [s1 MR. GROSSMAN:Objection. is] 0: (By Mr. Motley) Assume that he made m the statement that "we;" mean- ing the smoking and isl health group, "were not at a point where we could [91 do a valid experiment, said Simmons, who was Ito] rehired by Reynolds in 1984." Just assume he said Rq that. Do you agree or disagree with Dr. Simmons [tal when he said the smoking and health group were not [13] in a position to do a valid experiment in 1970? [tq MR. GROSSMAN:I object to the nsl form of the question, your Honor.This is not a us] cross-examination. U71 JUDGE RADFORD:You can have a usl running objection on that. I under- stand. [t91 Go ahead and answer the question. Rol 0: (By Mr. Motley) Can you answer the au question? Do you agree or disagree with [zn Dr. Simmons in this article, assuming he said [r31 that? [s+l A: I disagree. [2s10: Okay. If you'll look on the same ge Pnga 58 n] below the picture of Dr. Simmons, there's a ul statement attributed to Dr. Colucci. That was [31 your immediate supervisor, correct? [41 A: That's correct. [s10: I'm going to ask you to assume that I[61 will place inthe recordat the time of trial nl words to the effect uttered by Mr. Colucci in this ts] particular newspaper article.I'm going to ask [91 you to assume he said this. Okay? pol A: Yes. o tl Q: Would you read into the record what 1121 the newspaper article said, if you can see it, 1131 "Colucci, now private consultant in Clemons, says [14] his work was on the cutting edge of science and [tsl given time it might have identified a specific [tsl chain of events called a mechanism that leads to tnl the onset of lung disease." [te] A: I agree with that. [t910: You agree with that? [2ol A: Yes. [211 Q: You were there, do you think you were 1221 in that position? Miln-U-Scripts 51538 4883 (11) Page53-Page5g
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Joseph E. Bumgarner November 11,1996 to note -if counse l is asse rting a privilege to 1131 this document, if so, what it might be. 1141 MR. STOEVER:I'm not asserting ns] privilege at this time. I'm merely noting that 1161 there is a protective order in force with respect un to this document. [tel JUDGE RADFORD: Show that he has p9] not exerted a privilege objection. 1201 MR. MOTLEY: Thank you, your tul Honor. [zzl Q: (By Mr. Motley) If you would, please, 1231 look at page three, Mr. Buttf gamer. Under im Paragraph 2 entitled "Legal Matters," differences [zs] between the United States and the United %ing- dom, Page 84 ttl do. you see that, sir? 121 A: Yes. 1310: Look, sir, at the last sentence ofthe [4[ second paragraph. ts[ A: Okay. ts] 0: It reads, The leadership in the United l71 States smoking and health situation therefore lies tel with the powerful policy committee of senior (91 lawyers advising the industry and their policy pol very understandably in effect is, quote, don't ut] take any chances,end of quote.tt is a situation 1121 that does not encourage constructive or bold 1131 approaches to smoking and health pro- blems. It tul also seems that the policy committee oflawyers usl exercisesclose control over all aspects of the (161 pro- blems,and the whole document is about smoking m] and health. Let me ask you, sir, from your tte] experience with RJ. Reynolds, was your experience p91 the same or different as reported by these British im scientists in 1964? l2n MR. GROSSMAN:Your Honor, I 1221 object - I have to object to the question on im grounds of form. This is so far afield and so tz+] tuJairto crossexamine the witness with a tzsl document from another company that refers to Page a5 [q conversadons with lawyers where,in fact,the 121 witness has said he never met with lawyers, where 131 he doesn't - where the witness has indicated he 141 had not met with seniorpolicy people at [sl RJ. Reynolds, never mind Philip Morris, that this 161 appears to be an attempt to create on videotape a m package that canbe brought throughout the country lel of innuendo improperly obtained through a wimess 191 with whom he is friendly under these pttr ceedings. llol MR. MOTLEY:I will rephrase the uq question Judge,because ir stateswho lie met with tt21 and who he talked to and The State of Texas v. The American Tobacco Company, et a1 don't - 1131 MR. GROSSMAN:Doesn't say 1141 anything about Mr. Bumgarner. usl Q: (By Mr. Motley) Would you look at p6] page 2, Mr.Bumgarner. 1171 MR. MOTLEY: Should I precede, Ilsl your Honor. [t91 JUDGE RADFORD:Yes,sir,picase Izo] proceed. t2t] Q: (By Mr. Motley) The report lists who [z21 aU theytalked to.Do you see the name tz3] Mr.Bowman Grayat thebottom of page 2 of tui Reynolds? tzs] A: Yes. or im the same as reported in this 1964 document? p6] A: Was the same. p71 Q: The same. This will be No. 9. ttal Mr. Bumgarner, I handed you a doc- ument that I ask u91 you to assume was published by The Tobacco taol Ittstitute of the United States, and it's entitled 1211 "fhe Cigarette Controversy." [z2] UNIDENTIFIED SPEAKER:Your 1231 Honor, can I see a copy of that? [241 Q: (By Mr. Motley) Did I send you a copy [zsi of that document? Page ae Page 86 tll 0: Mr. Bowman Gray was who, sir, to your l21 knowledge? [31 A: Mr. Bowman Gray at the time I was with [a] the company was Ithink chair- man of the board. tsl Q: Okay.And do they also-in the back ls] ifyou'B look underRJ.Reynoldsin the back, m appendix 1, page 34,almost two or three pages [el from the end, okay. Does it show they met with p1 Mr. Bowman Gray, the chairman of the board? [1o] A: Correct. p]] Q: Mr.Alex Galloway,the president? U2] A: Yes. n31 0: Mr. Henry Ramnt, the counsel? p4[ A: Yes. ns1 Q: Dr. William Bright,the director of t161 research? [t71 A: I believe that's Willard Bright. [tel 0: Willard Btrght.I'm sotry. It91 A: Yes. tzol Q: AndDr.MurnySenkus,whowasa man t2n you mentioned, the associate director of research? [2z1 A: Yes. 12310: My question to you, sir, is,very 1241 simply, you read from the page where it described [251 who was running smoking and health policy. Do you Page 87 tn remember that just a moment ago? [zl A: Right. [310: Was your experience at RJ. Re- ynolds t41 similar or dissimilar from that described by the tsl scientists who vis- ited with various industry 161 people in 1964? m MR. GROSSMAN:Same objection, [s] your Honor. t9[ 0: (By Mr. Motley) Your experience with ttol who was making smoking and health policy ptl decisions? 1121 A: It was my opinion it was being made by 1131 the legal department. 11410: So your experience was different p] A: Yes, you did. t21 0: Do you have that handy, the one I sent pl you? [4[ A: The one you sent me? 1s10: Yeah. l61 A: No. It's in my briefcase. [7l Q: Did you study this? tel A: I looked at it, yes. [910: Did you write anything on it? tto] A: Yes. nn Q: What word - what would you write on u21 your copy? [l31 A: "Garbage:" t141 Q: Garbage? Why did you write the word os] "garbage" on the statements made byThe Tobacco p6lInstitute in this document dated 1974? [t71 A: It's sel&serving, it's not faaual, tus] and it's certainly not accurate. u91 0: Now sir, have you - you agreed, I txal believe, to travel to Texas to give this 121) deposition, did you not? 1221 A: Yes. [z310: And you sought permission of the EPA [z4] to - you sought permissionnot to fight the [2s] subpoena; is that fair? Page 89 [ q A: EPA would have had to make a[21 decision - our lawyers had to make a decision 131 whetherexisted a conflict of interest between the l41 agency and this thing,andtheytnade the decision Is] that there was not a conflict of interest and they [61 would not move to quash the subpoena. [710: Do you have any grudge against lsl RJ. Reynolds as you sit here today? 191 A: No. tto] Q: Why didn't you publish your fin- dings [tt1 afteryou left RJ.Reynolds? You left in March [t2[ of 1970. You told us the findings were [t31 important. Why didn't you go out and publish them tt41 on your own? us] A: I didn't have the database.The nr;l notebooks were gone. tt7] Q: No one offered to give them to Page84-Page89 (16) 1Kin-Zl-Sctlpb® 51538 4888
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Joseph E. Bumgarner November 11,1996 1z+] Q: And also it decided not to puo- chase tzsl the pharmaceutical company? Page 108 Itl A: That's also my understanding. 1210: So here it was in 1970 the B't- ological [3[ Research Division which was doing some work in [n smoking and health and some in drugs and some in 151 starch had two of its three components that were [s1 no longergoing to be there; is that correct? m A: I had noknowledge of that at the [8] time. ts10: But you now know that Penick & Ford [ to] was sold by Reynolds and that Reynolds never ntu bought Parke-Davis; is that correct? nxl A: That's correct. u3] 0: Now,let'stumtoyourwotkonpU smoking and health at the Biological Research ns1 Division. Mr. Bumgarner, you were asked some ps] questions this morningbyMr.Motley about lawyers [m and lawyer involvement. In all the time that you [is[ worked at the Biological Research Division until [ts] the time just before you were discharged, you [zni never saw a lawyer in the Biological Research 12t1 Division; isn't that right? [2z] A: No, I did not.That's correct. 12310: No lawyer ever defined the scope of [z+l the work youwere doing;isn't that correct? [zsl A: That's correct. Page 109 [tl Q: No lawyer ever told you what to do? [zl A: That's correct. [31 Q: No lawyer ever told you what to think? (41 A: That's correct. Is) 0: No lawyer ever told you what to say; [s] isn't that right? p[ A: That's correct. 1910: You were free to have your own opinion pl on smoking and health on or any other issue; isn't [to] that right? wl A: That's correct. [[z10: No lawyer ever told you how to write u31 up any experiment; isn't that correct? n+1 A: That's also correct. [tsl Q: And having never met with any lawyers us[ during the time when you were working at the [rnl Biological Re- search Division, the comment that uel Mr. Motley was trying to lead you to this morning, [tsl that the work of the Bi- ologicalResearch Division [20] wassome- how driven by lawyers is just spec- ulation t2u and gossip; isn't that right? [nl A:Based on the action of actually what u3] happened with the notebooks Page 108 - Page 114 (20) The State of Texas v. The Amerlcan Tobacco Company, et aL b e i ng taken up and we tz41 being told that they were desrroyed, I felt that [251 the lawyers had fair amount of say of what was Page 110 ul going on. [z] Q: That's your guess, that's your [31 speculation? 141 A: That's my opinion. [s[ Q: That's your speculation, isn't it? tb1 A: That's my - m MR. MOTLEY: Objection,your [st Hon- or. He's - [sl 0: (By Mr. Grossman) Has any lawyer [1o] ever- pq MR. MOTLEY:I object. He pz] an- swered the question. He doesn't like the [131 answer. Rephrase another question. [141 MR. GROSSMAN: I'm giving another [151 question. [1s1 Q: (ByMr.Gtossman)Hasanyperson at u71 Reynolds,any lawyer at Reynolds- start the os] question over. Did any lawyer at Reynolds ever ns[ tell you at any time how to conduct your research, [2o] how notto conduct your research,or what research [ztl to conduct? [2z[ A: No, they did not. t23i Q: Okay. So you have no personal [29i knowledge of any lawyer ever directing any aspect [zsl of research in the Bi- ological Research Division; Page 111 pt isn't that correct? [zl A: Other than my opinion, no. 1310: Now Mr. Bumgarner, could you take out 141 your resume, Exhibit 2 again, please. [s[ A: Yes. 1610: I'd like to direct yourattention to [ll the page entitled "Publications and In- house [sl Technical Reports." Do you see No.4? ivl A: Yes. po] 0: Colucci and Bumgarner, refers to [ul synthesis of neural [sic] lipids on-by rat [121 liver slices? tt3] A: I believe that's neutrai lipids, t1a Counsel. us10: Neutral lipids, thank you. ps] That refers to work on an [m antihypa rcholestetnic drug? pel A: Yes. [ts10: The next three refer to work that was [zol done in the Biological Research Division on tz[] smoking and health? 122] A: Yes. tzsl 0: Mr. Bumgarner, you have felt free from u+l the time youleft Reynoldsto tell anyone that you [zsl were working on smoking and health related issues Page 112 [u at Reynolds, haven't you? [2] A: When I have been asked, I've told 13] them. H] Q: And no one has evertold you not to isi tell them; isn't that correct? [s] A: That's cot'rect. m 0: No one has ever told you not to report le] on what you did when you were at Reynolds in [91 smoking and health? [to[ A: To report? [tq Q: To comment on, to tell people what you nz[ did? [t31 A: We were instructed when we went to [,4] meetings not to discuss what we were doing [ts[ in-house. [ts10: Since you have left Reynolds - ro[ A: Since I have left Reynolds, no. ps] 0: And no one has ever told you that you 11v] cannot discuss with others the work that you did [zol when you were at Reynolds; isn't that correct? [al A: Since I have left the company, no. [z210: And you have felt free to tell others 1251 what work you did when you were at Reynolds; isn't [z4] that correct? [zs[ A: In relation to smoking and health. Page 113 [l] 0: In relation to smoking and health? 121 A: Exactly. [3[ 0: The work on drugs was pro- prietary? 1+1 A: Yes, it was. Is] 0: But the work on smoking and health was [s[ not viewed as proprietary? [n A: I don't know whether the com- pany [s[ viewed it as not proprietary,but I did not. 1910: Andtheydidn'ttellyoutoviewitas tto] proprietary, isn't that right? [ t q A: No. We we re simply j ust told wh ile we [121 were at the company not to discuss it with outside U31 people. n+[ Q: And when you met with lawyers from ps1 Womble Carlyle - psl A: Correct, [n10:- two or three years ago, they didn't ua] tellyou notto discussthe work that you did in [ty, the Biological Ra search Division or the Mouse [zu] House as you call it? [zt1 A: Absolutely not. a21 Q: They didn't threaten you in any way, [z31 did they? 1241 A: No. [ni 0: They didn't suggest in any way that it _ Page 114 [ ll was wmngfor you to talh to reporters, Min-U-Script® 51538 4892
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The State of Texas v. The American Tobacco Company, et aL you? [tai A: I believed themto be destmyed as I n91 had been told. tmi 0: Sir, are you receiving money for your I:1a tesemony? [ni A: No. [z3i 0: Have youtried to sellyourstory to 1241 the media or anything? Issl A: No. Page 9o 1110: And have you met with RJ. Re- ynolds' lul lawyers since you left the company? [31 A: Yes, I have. [4l Q: Sir, based on your personal ex- pe rience [sl with R J. Reynolds, what you knew at the time, [sl what you were aware of at the time, do you have an [7I opinion as a scientist as to whether your [al experiments, had they been allowed to be [si continued, would have pro- duced valuable uol information to help the public health of the [ul American citizens? pil A: I believed that then and I believe n3] that now. .lu]MR.MOTLEY:No further ns1 ques- tions. us] Can we take a little bteak,Judge, a[nl bathroom break or something? Itsl JUDGE RADFORD:Yes, sir. We'll 1191 take a - if it's appropriate, I guess we could lm1 take a lunchbreak at this time if you'll want - [z11 MR. GROSSMAN: That would be fine [221 with me, your Honor. How long a break would you [231 like? [a41 JUDGE RADFORD: Start back up at In1 1:00 o'clock. We're adjourned until Page 91 tU 1:00 o'clock. t21(A noon recess was taken.) t31 MR. MOTLEY:Your Honor, may I[41 make one little small comment on the record? That [sl is, Mr. Bumgarner has advised us he has a leg and [61 foot condition. I overlooked it this morning and pl I was trespassing on his endur- ance. He asked he [s1 be allowed hourly or if it bothers him earGer to tvl stand up for a minute and walk around to get the poi circulation going. pp MR. GROSSMAN:I have no [121 ob- jection, whatsoever. I want Mr. Burtr gamer to be nsl comfortable. My only concern is that we be given u4] the time that was agreed to for cross-examinat- ion. us1 JUDGE RADFORD:You have that 1161 time. It's agrced to, but we'll take into 1171 consideration any physical conditions that usl Mr. Bumgarner has and we'll make him comfortable. 1191 MR. MOTLEY:The only other thing iml is counsel for Philip Morris lodgedan objection [2» on the record to several documents because they [221 bore a stamp.I'd like to file with this court a[231 copy of the order of the trial judge before whom [Ha the matter is pending about which they protested lusl and further advise counsel that they've wi- thdnwn Page 92 ttl their claims of confidentiality unless you, in u] fact, have some new reason to believe there's a 131 trade secret, I do not wish to be accused of 141 trespassing on a protective order. 1s1 JUDGE RADFORD:I'll show that 16] you've withdrawn your objection. m MR. STOEVER:Your Honor, I'll be [sl happy to review any documents Mr. Motley has for rol me. Weve wlthdrawn our claim of confidentiality [toi then he is, indeed, correct. But I've not seen tul the document so I'm unable to - pzl MR. MOTLEY:I'll showit to him [t31 at a break, your Honor. 1141 MR. GROSSMAN: My turn? Ready? nsl JUDGE RADFORD:Yes, it's your n6] turn.You may take the witness. 1171 MR. GROSSMAN:Thank you, your nsl Honor. hs] EXAMINATION tm] BY MR. GROSSMAN: [m 0: Mr. Bumgarner, let me introduce myself [u1 again. We met briefly a mom- ent ago. My name is [23] Ted Grossman. I'm a lawyer and I represent the [24] RJ. Reynolds Tobacco Company, your employer from 1251 many years ago. Page 93 m I'll be asking you a series of [21 questions today. If at any time you can't hear 131 me, will you let me know? [41 A: Yes. [sl 0: If you don't understand me, wili you 161 let me know that, too? ni A: Yes. iai 0: If I misuse any kind of scientific fvl term, will you let me know that as well? pol A: Yes. nn 0: Okay. Thank you. 1121 Now Mr. Bumgarner,you currentlywork u31 at the Environmental Protection Agency; is that 1141 correct? usl A: Yes, s'v. ps] 0: You have for a number of years? 1171 A: Yes. Ita] 0: You came there from Burroughs n91 WeRcome? po] A: Yes, sir. 12110: And you came there from RJ. Reynolds [ul Tobacco; is that correct? Joseph H. Bumgarner November 11, 1996 1231 A: That's correct. 1241 Q: And in each of those jobs you followed hs] a man named Dr. Anthony Colucci? Page 94 111 A: That's correct. [210: He was your mentor at Reynolds? [31 A: Yes. 14] 0: He was your mentor at Burroughs tsI Wellcome? [61 A: Yes. ['n 0: And he was your mentor at the EPA? [el A: Yes. [910: All right. Let's look at your uoi background before you came to Re- ynolds. Could you uq look at what has been produced as Exhibit No. 2 by 1121 the plaintiffs which is your curriculum vitae. [t31 A: Yes, sir. [t4i Q: Could you confum to me first that [isi it's missing several pages? Your publications and 1161 in-house reports go to No.10 then pick up again [ni on No. 31? 11e] A: There are pages missing. 11910: And those pages would include various [ml reports chat you wrote at the EPA and elsewhere [211 with Dr. Colucci, with Dr. Pinkerton, regarding [nl ob- servations on cadmium-exposed and controlled [231 golf course workers? 1241 A: Yes, sir. [ss10: And measurement of arsenic ex- posure in Page 95 [u South Carolina farmers? [zl A: Yes, sir. [3, 0: The missing pages have nothing to do 141 with any tobacco research you ever did; is that isi correct? [61 A: Not to my memory. [7i 0: That's because you haven't done any Is] tobacco research since you left Reynolds; is that [yi right? Dol A: No. o1t Q: Is that correct? [121 A: That's correct. It3i 0: AII right. Now, Mr. Bumgamer, before u4] you came to Reynolds you hadn't done any tobacco Itsl research either, had you? 1161 A: No, I had not. [n10: You had received your master's degree itsl in entomology? [t91 A: Yes, sir. Im1 Q: And that's insects? .[2q A: Yes, sir. 1 122) 0: And you had written about insects IHin'U'S°riptB 51538 4889 (17) Page90-Page95
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The State of Tesas v. Joseph E. Bumgarner The AmeNcan Tobacco Company, et aL November 11, 1996 Page 139 Iti documents that were already iden- tified. [z] Mr.Buntgarner, I'd like to direct yotuattention 131 to Exhibit No. 8,which is in front of you. 141 A: Would you identify-this is the one isi you just handed me? [s10: No. I'm sorry. This is an exhibit IA that Mr. Motley handed you this morn- ing. Isi MR. MOTLEY: May I ask where the [91 Court exhibit is your Honor had marked so I could nol see it? 1 t t I 0: (By M c Gtossman) Called a Repott on 1121 PolicyAspects of the Smoking and Health Situation 1131 in U.S.A. na MR. MOTLEY:No, no, the Court usl exhibit from Florida the Court had marked as a p61 Court eahibit: I got it. Thank you. [m Q: (ByMr. Grossman) Mr. Butngarner, do Itai you have it? It9] A: Yes. [ml 0: Exhibit No.8, Report on Policy [2n Aspects of the Smoking and Health Situation in the tzzl United States? 1231 A: Yes. (zt10: Before Mr. Motley showed that to you, Irn did you eversee that inyourlife? Page 140 n) A: No. I had not seen that. [a] 0: Okay. Did you draft that? [31 A: No. [+i 0: Were you sent a copy of it? [sl A: No. [6i 0: Didanyone else ever tell you about I-n it? [st A: No. i910: Fair enough to say that Mr. Motley no] shoved in front of you a document that you didn't Ittl know from Adam; is that correct? [[2i A: What time frame are we talking about? im 0: That you never saw before Mr. Motley 1141 showed it to you? psi A: Before Ms. Flowers showed it to me, 1161 yes. Im 0: Ms. Flowers, his associate? Ite] A: That's correct. P9] 0: AB right. Ltt me hand you-let me im direct your attention to what was identified as Ini Exhibit No. 5. [nl A: Would you identify it by the nuttr, ber, Iz31 please? 12410: No. 5. Exhibit 5. Inl A: These are not marked. Page 141 Itl 0: That is not marked? Iz1 A: If there is, I don't - [310: It's called RJ. Reynolds Biological Ni Research Program from Mr. R. D. Carpenter to isi L. Weissbecker. [6] A: Yes. m 0: Before it was shown to you by Is] Mr.Motleyorhis colleagues, did you ever see [9i that document before? [tol A: No, I did not. [it10: Didyou evetdraft that docttment? [[3i A: Do I have a dtaft of it? No, i don't. [1310: Were you copied on the doc- ument? [tsi A: I did not see this document until it im was given to me. Its] 0: Did it have anything to do with you? 117] A: No. Wcll - pa] Q:So- 1191 A: It would seem like they're citing work tml that was done by the group that I was in, yes. [zt10: But you were neither a recipient of [221 the document nordiscussed in it; is that correct? [231 A: That's correct. l2+l 0: Let's tum to the docttmentthat tzsl Mr. Motley gave you this morning that was Page 142 I n entitled-let's see,InitialAttempts at Iz] Exposing Rabbits to Whole Cigarette Smoke dated 131 March 7, 1969. It's numbered Exhibit 7. Before NI Mr. Mot- leyand his colleagues gave you a copy of tsl this, did you ever see it before? [6) A: Did I receive this particular m document? No. [sl 0: Did you everget it in the regular [9i course of business? poi A: No. u ti 0: In fact, it's fair to say with regard ttzl to the last three documents, they didn't come to 1131 you in the regular course of business at all; is p+l that correct? nsi A: No, but I was familiar with the work 1161 in discussions with DrJohnson. 11710: Didyoureceivea copyofthese [tal documents in the regular course of business? tt91 A: No. Not this one. r2oi 0: You were not listed as a person who [ztl should receive a copy and you did not receive a[2z1 copy; is that correct? [z31 A: That's correct. [2410: Okay. Now, let me - let's tt :tttrtt to [251 the doctunent I handed you that was just marked as Page 143 [tl Exhibit 10,which is a Five-Year Career [zl Development Plan, Employee Plan and Review [3[ Summary, which is the document that spurred the t+l objection by Mr. Motley, the one that I just tsi handedyou,ExhibitNo.10,do you see it? [61 A: Yes. DI 0: Can you identify that document? isl A: Yes. It's one that I - it's my [9i handwriting. im 0: It's your document, isn't it? tttl A: It's my document. uz10:Okay, Mr. Bumgarner, let's talk about 1131 your document now. [141 MR. MOTLEY: We have no objection nsi to his document,Judge. its] MR. GROSSMAN: We have objection inl to document placed in evidence or attempted to by [tsl Mr. Motley. I'm glad to see that Mr.MotleywiR tt91 allow me to cross-examine Mr. Bumgarner on laol Mr. Bumgarner's own document. [2n1 MR. MOTLEY:Judge,do we get an [2i1 income tax on his speeches? [z3[ 0: (ByMr.Gt.ssman)Mr.Buntgarner, I'd u+1 like to direct your attention to the left-hand [251 colutnn called "A-Plan". Page 144 In A: Au right. 12i 0: Could you look at paragraph 1? 131 A: Okay. I410: Whose handwriting is that? [s[ A: That's mine. 16] 0: What did you write? vl A: "Development of GLC methods" my rel document is blurred, but it looks like "fot" or 191 "ofsterol analysisforuse in the evaluation of uol drug SB43A." [ttt 0: Okay.Md youlistedthatas keyit2l results that you were to obtain in criteria by u31 which your performance was to be measured? n41 A: Correct. [ 1sf 0: And that's was for the period of ncl January 1969 to July 1969? [171 A: That's correct, but that wasn't the us] only thing worked on in that period of time. [1910: No. And at No. 2, you listed tm] "Development of GLC procedures for the analysis tzt[ of whole triglycerides, 7/1/69"? [221 A: That's correct. 12310: That was also drug research? 1241 A: No, it was not. 1251 Q: What was that? Page 145 [u A: That is part of lipid metabolism. I2] 0: Lipid metabolum in the animals that [sl you were studying? [4[ A: That's correct. [sl Q: All right. The next one is animal 161 M'O-u-Scr'p 51538 4897 (25) page 139 - Page 145
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The State of Texas v. The American Tobacco Company, et aL [7) a term I use. le] 0: That's okay. Did, in fact - sir,was 191 there a tightening of the beh by RJ. Reynolds in (IO11970? That is,was there a cutoff of funds? Any ut[ change in how you traveled and the accommodations pzl you could have? 1131 A: No. There was no change that I know n+[ of. tts10: When you traveled on company business, p61 how did you travel? By Greyhound bus? By train? [tn By car? By plane? If so, how? psl A: Normallybyplane.We tnveled u91 genen0y first class. tza10: Firstclass.Andin 1970,was there a 1211 memo that came out saying, "We're losing money, we [zzl need to cut back and fly coach"? 1231 A: If such a memo existed, I never saw 17.41 it. In10: By March of 1970, rightbefore the Paga 78 ul lawyers confiscated the notebooks, right before 121 that, did you feel as a scientist, sir, that the 131 findings that you had observed were significant [41 ones? [s] A: Yes. 16[ 0: Why were they significant? m A: They were showing changes, al- though we [sl could not in many cases explain the changes,they 191 were show- ing definite changes. Changes in nm metabolism are often indicators of ex- isting or p[I potential pathology. So we were very much t1:1 encouraged with what we were seeing and very much [131 wanted to pursue the work. (1q 0: Was it information that was im portant (tsl enough that in your view should have been shared psl with the scientific community? [m A: Ultimately it should have been. [tal Q: To your personal knowledge, sir, have tt91 you ever seen a publication in the scientific uo] literature that brought together the work that was Iztl done at the Mouse House and atthe smokingand [zzl health group while you were there from 1967 to [a3t 1970? [:4] A: Absolutely not. 12510: Did, in fact, I show you a dor ument, Page 79 jil sir, that was produced to a law firm representing [zl RJ. Reynolds by a Dr. Brubaker in which he made a[l1 com- ment,sir, about whetheror not there had been 141 anypublications inthe scientific literature out [sl of the work done at the Mouse House? [61 A: Yes. t710: And what did Dr. Brubaker explain in isi that document to the law firm representing Is1 RJ. Reynolds in 1985? po] A: He said there never had be. [tn 0: Never had been any publication? uz] A: Right. 1131 Q: Sir, why didn't you draft any fmal [t4] reports before you left? [tsl A: We didn't have our laboratory psl notebooks. There was nothing othing to base a final [m report on. [ta] Q: Did you believe what you were told by [19] management that the law department had somehow tzo] lost the notebooks? uq A: We were told they'd been accide- ntauy tul destroyed and that's what I believed until I was [z3] called into Womble Carlyle's office to identify (zsl the notebooks. (2s10: In 1992? Page 80 nl A: Yes, sir. [210: Did you see aU the notebooks fmm all [31 the scientists? [s/ A: No.I saw only ones taken from our (s[ group. [sl You mean in Womble Carlyle? I'm [71 sorry. I misunderstood the question. Is10: 1 dropped my mike. t91 A: In Womble Carlyle's office, I only saw tnol my notebook. ut10: Didyou see all of your notebooks? I121 A: No. (1310: How many of them did you see? [141 A: Two, I believe it was. ns[ 0: How tnany would you have gene- rated over [161 the two and a half years you were there? unt A: Probably up to five. [ts]0: Did the lawyers explain what happened u91 to the other three? (20] A: No. Well,they said they were in (2t1 existence - that all of the notebooks had been [z21 preserved and were in the company's safe. 12310: Did they show you the other three? (241 A: No. I only saw I think the two. [n10: Did they give you copies of your Page 81 jil notebook so you could have themi? [:] A: Sr, that I could have it? 13[ 0: Give you copies to take home wirh you? 141 A: No. (s10: How many times, sir, did you re- ceive a 16] call from the law firm in North Carolina that m represented RJ. Re- ynolds? [sl A: Twice. Joseph E. Bumgarner November 11, 1996 [s10: And did you return their calls? [tol A: I accepted the call and returned it, tnl yes. nz10: And you did that twice? 1131 A: Yes. [i41 Q: Did any of the lawyers for usl RJ. Reynolds tell you you'd violated that p61 confidentiality trade secret agreement by speakhtg (t7i to the Greensboro ncws paper? psl A: There was no mention of it what- soever. u910: Now sir, since you have been a(m] scientist now for-wlth a master's degree since utl 1965, is that fair, 30 years? (221 A: Correct. [231 Q: Have you ever had a peer review, as 12+] you described it, conducted by lawyers rather than [zsl scientists? Page 82 jil A: No, (z10: Before the notebooks were con- fiscated (31 in 1970, had any lawyers been in your presence in [a[ any laboratory of RJ. Reynolds? [s1 A: Not to my knowledge. 161 MR. MOTLEY: This will be No.8, m sir? isi THE REPORTER: Yes. [910: (By Mr. M oUey) Mr. Bumgarne r, I've uoj given you Exhibit No. 8 which purports to be a 1111 strictly confidential report on policy aspects of 1121 the smoking and health situation iu the United [t31 States of America dated Oc- tober 1964.Iask you 1141 to assume that it was priced from the files of ps] R. - of Philip Motris. Excuse me, I misspoke. 1161 Did I send you a copy of that to look at? [n1 A: Yes. [ts10: Did you read it? u91 A: I read through it, yes. [201 MR. STOEVER:Your Honor, I would (211 like to note for the record that this document (zz) bears a confidentiality stamp from another [z31 litigation in which it was produced. 1'm not [2+1 familiar with the confidentiality and protective Izsl order in Butler versus Philip Morris, but I would Page 83 jil ask the court to note the doctancnt was produced- [zl JUDGE RADFORD:Note your [31 ob- jection,and whateverthe confidentiality I+1 agreement is will be certainly hon- ored in this (si litigation. ibl MR. STOEVER:Thank you. tn THE REPORTER: Can I gct a namc, (s] please? Isl MR. STOEVER:Yes. My name is no[ Tom Stoever. n tl MR. MOTLEY: Your Honor, I'd like uzi M'"'Ser'pto 51538 4 B87 (15) Page 78 - Page 83
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The State of Texas v. Joseph E. B'umgarner The American Tobacco Company, et aL November 11, 1996 pol A: My name is Joe Buttiga, rner - Joseph E. u u Bumgarner. n210: And where do you live, sir? p31 A: 1012 Plantation Dtive,Cary, No rth (1+1 Carolina. usi 0: Thank you, very much. psl Tell us your current employment, sir. [tn A: I am currently employed by the United ns] States Environmental Pttr tection Agency, Research u91 Triangle Park, North CaroBna. im10: What is your job? uq A: I am a research chemist. [nl Q: Are you married? 1231 A: Yes, I am. (m 0: Do you have children? lxsl A: I have two daughters. Page 17 1110: Are you nervous? [21 A: Yes, I am. 1310: Okay.If you need to take a break or 141 you don't understand a question, sir, please just 151 tell us. We're all here to try to accommodate you [61 and get your testimony on the record as easily as m possible, okay? [sl Now, didyou receive a subpoenato [91 testify in this case? pol A: Excuse me. Can I make one open- ing [tu statement? [ul Q: From the EPA? a31 A: From the EPA. na MR. MOTLEY:Your Honor, the nsl witness advised me the general coun- sel's office of p61 the EPA wishes him to make a statement that he's htl not on behalf of them. [(el JUDGE RADFORD:I'm going to [n9] permit him to make a statement with a declaration pol as to why he's here for the deposition. (2110: (By Mr. Motley) All right, sir. Tell [2:] us whyyou're here then at the end of that make [rs] the statement that you were requested to make, [2.1 please. [asrn A: Okay.l'm here under subpoena by this Page 1a iii Court to give a deposition on my employment [21 tenure, things that hap- pened while I was wlth [sl Reynolds Tobacco Company. I+1 Q: You wantcd to make a statement about isi the EPA? 161 A: I would like to make the statement 171 that I am here in no way representing the United Is] States Environmental Pro- tection Agency. [91 0: Very good, sir. [tol MR. MOTLEY:YourHonor,I'dl&e pu to enterasExhibit 1 ofthe depositionthe na deposition notice, which I believe the court 1131 reporter has; and as Exhibit 2,Mr.Bumgarner's u41 curriculumvitae.I have handed him Exhibit 2. Usl 0: (By Mr. Motley) Mr. Bumgarner, will 1161 you look at that and tell us if that fairly in accurately represents your professional career? Iial MR. GROSSMAN: Mr. Motley, do you 1191 have a copyof tharfor us, please? [ml MR. MOTLEY:Anybody else want [u] one? lu] THE WITNESS: Yes. 12310: (ByMr.Motley)AB right.Sir,tell 1241 us where you went to college. t2s1 A: I went to college at Lenior Rhyne Page 19 tt7 College in HicJcory, North Carolina. t210: And what was your major? 131 A: My major was biology.l have a B.S. 141 degree. Isj 0: In biology? tsl A: In biology. m O:After that did you seek an ad- vanced Isl degree? 191 A: Yes, I did. [m] 0: Where? ttn A: Clemson University, Clemson, South tul Carolina. 11310: And what did you study? natA:I have a masters degree in usl entomology. [te10: What is entomology? n71 A: That's the study of insects. na10: What further training did you have, [t9] sir? [=ol A: My specialty in entomology is insect [sq physiology/biochemistry. [2:10:Insect physiology. What is 1231 physiology? [2+1 A: Physiology is the study of the 12s1 functioning of organs, metabolism; it's the ces at North 051 Carolina State Uni- versity? usl A: Yes. in 0: Have you won an award by your current [iel employer, the United States Environmental p9] Protection Agency, called a Bronze Medal? uo] A: Yes, I have. (zll 0: Whatwasthatfor,sir?Howdoyou tttl get that kind of inedal/recognition? R31 A: It was for work that we did in (241 determining - developing methods to determine 1251 benzo(a)pyrene levels around steel mills, cooking Page 21 [I] processes. u10: Benzo(a)pyrene? [31 A: Right. 1+10: And that was an award recognizing tsl what? 161 A: Excellence in developing the me- thod. m 0: Sir, did there - have you published [al scientific articles in the scientific literature? [91 A: Yes, I have. no10: Have you taught science courses in pp college? u2] A: Yes. 113] Q: Now, sir, did there come a time when psl you were hired by the RJ. ReynoldsTobacco Ilsl Company? nsl A: Yes, sir, there was. 11710: Will you tell us when? [isl A: I was hired in November of '67. u910: Novembcr of 1967? [ml A: Yes. [2t10: How were you recruited? in1 A: I applied for the job. [231 Q: What job did you apply for? 1241 A: I applied for a biochemist job in the [2sl research department. Page 22 Pago 20 Iu meeting grounds between biology and biochemistry. [210: All right. Did you -were you also a [31 visiting scientist at Johns Hopkins University [+1 School of Public Health? [sl A: Yes, I was. [610: Have you been a research assistant at rn Bowman Gray School of Medicine in North Carolina? [al A: Yes, I was. tsl Q: Have you been a research assistant at Itol the Department of Entomology at Louisiana State [»I University? [121 A: Yes, I was. [n 0: A job as a biochemist? [al A: Yes. [310: At the time you applied to 141 RJ. Reynolds, did you enjoy a tnaster's deg- ree? [sl A: Yes, I did. [sl O: When did you obtain yournnster's m degree? [s] A: I had just graduated from college when 1911 applied-weU, when I attained my master's [toi degree? 1965. Iii] Q: All right. Do you recall who it was [1al that interviewed you at R J.Reynolds? u31 A: I was interviewed by Dr. Senkus, n310:Haveyoubeenaninstntctoratthe i (1s10:Whowashe,sir? (t+l Depattment of Environmental Scien- [[sl A: He was director of research. MIn-O-Script® 51538 4877 (5) Page 17 - Page 22
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Joseph In. Bttmgarner November 11,1996 [t910: Well, from January 1969 to July 1969, [m one of the principle paa-one of your principle [2t1 goals was deve- lopment of methods of analysis for [2:] use in the evaluation of a drug called S343A; is [i31 that correct? [Mi A: I don't remember the designation. I'm [nl sorry. Page 133 [[10: But- [21 A: You cite the compound, I'll pro- bably t31 remember that. We normally referred to it by the 141 compound name and not the code designation. Is[ MR. MOTLEY:Your Honor, while [sl he's marking that, this again is a doc- untent where pl they filed a response in the state of Florida that tai they had no clue what the state of Florida meant.lvl when they asked for aU documents related to uo[ animal research. If this relates to animal [u] research, I resper tfully suggest RJ. Reynolds 1121 should not be permitted to trespass on court [t31 procedures by filing in this court some- thing they 1141 claim they did not even knowexisted orcouldn't nst understand what we were asking for in the state of tt6[ Florida. n7l It really-itreally isa deposition tas] by ambush for them to find things when they want [t9] to use it and they claim they don't have a clue tm] what we want when we ask for it. tnl MR. GROSSMAN:Your Honor, if 1221 Mr. Motley has any problem with a production in [nl this case,I'm sure he'll bring it to this court. [2sl If he has any problem with the production in the [nl Florida casc,I'msure he'll bring it to that Page 134 m court. This is totally inappropriate under these 121 circumttances. [31 MR. MOTLEY:Judge, I've got an tal objection confronting this man with things ist selected from documents that they claim under oath 16) in Florida they don't know what we're talking m about is an egregious example of misconduct in [st court.I don't think he ought to be pcrmitted in (91 this courtroom to get away with it. [eot MR. GROSSMAN:I would be quiet, [ttl your Honor, if it were not the showboating. I ttxl think that there's press here and Mr. Motley is ti3l raising these points not for the benefit of these [1+I proceed'mgt. usl MR. MOTLEY:Judge,theyrefused [161 to produee these documents pursuantto your plan tnl in your district court about which there was a Its1 hearing. Now he's running in here after he didn't 1191 produce them in Texas pursuant to the preexisting [ml local rules and con- fronting a witness with uu documents The State of Texas v. The American Tobacco Company, et aL they've never given the State of Texas. lu] It's unfair and should not be per mitted.I [23[ respectfully suggest he give us all the documents [2s] from the Mousc House,that we recess this 1251 deposition and we come back with Mr. Bumgamer at Paga 135 ol a time convenient to all parties when he's had a[21.chance to look through these antters. These are 13[ supposed to be preproduced underyourlocal rule. t+] These were not preproduced. These were requested tsl to be produced in Florida. [m MR. GROSSMAN:Your Honor, I've p[ just been produced the response. The response is [a] this - I find it absolutely unbelievable you [91 would do this inthis coutt.The- [toi MR. MOTLEY:You shock easily. [tu MR. GROSSMAN:Response to the [t21 question was: Subject to and without waiving its o31 objections, Reynolds states that it has produced 1141 the documents - [tsl MR. MOTLEY: Where? 1161 MR. GROSSMAN:- called for by [t71 thisrequest inthe Minnesotadepository. All of nsl the documents, your Honor, have been placed in a u9[ depository where they have been made public. And [zol Mr. Motley and others can go get them at any 12t] time. [221 This is an attempt to -I believe, to [nl short-circuit the deposition after direct [ul testimony has gone in. We're in the middle of [2sl cross. It's an important cross. I'd like to Page 136 [n proceed. [2( MR. MOTLEY:Judge, that's [3i absol- utely totally wrong. The documents placed in [+I the Minnesota protective order, we have someone [sl from the attorney general's office who can state (sl what RJ. Reynolds and Philip Morris have been m trying to do,butthe State of Texasrefuses to [sl agree to participate in a procedure in Minnesota 191 where they've got things that affect the public [tol health and you have to go through procedures to ntl get them. There is no Minnesota availability to tu] the State of Texas atthistime and Iwouldask u31 that your Honor please hear from your attor ney [u1 genetal's office about this mis- representation os] by- ps] MR. GROSSMAN: If- if 1 nl Mr.Motley has a request for documents in this [t8[ case, we will respond to the request and the Court p91 can rule on them. Can we continue with the [ml deposition? [nl JUDGE RADFORD:I'm going to let [x3] the attorney general ntake a statenr ent. wt MR. POTTER:Your Honor, the [u[ defendants are well aware of the pro- blcros with [nl access to Minnesota. In fact, in the Minnesota Page 137 [71 proceeding, they have requested the judge modify ul the protective order to allow other parties access (31 to the depository. As the order exists now, we do [+( not have access to the depository. tsl MR. GROSSMAN:If you file a[s[ re- quest for the documents here we'll respond to pl the request for the doc- uments. (s] MR. STOEVER:Your Honor- t9[ JUDGE RADFORD: We're getting oo] outside - I'm going to take the dep osition back p tl under control.I'll letyou ask your question. [tz] I'll let Mr.Motley's objections at this time be n31 sustained and if you can change my ruling on it, [ta] th at's fine. But I' m not going to let you [ I s I question him about documents that he hasn't had a[ts] chance to see nor that havebeen produced in this tnl litigation., osl MR. GROSSMAN: What about the U91 documents that Mr. Motley produced from Philip tml Morris - [2tl JUDGE RADFORD: You have a right 1221 to object to those before trial if you want to, [231 Mr. Grossman. [2+1 JUDGE RADFORD:AlI right. m] MR. GERMER: I have some Page 138 tu concern - as the Court well knows, both sides [21 have motions before the Court and both sides are [31 claimittgthc other side owes them documents. So [41 all the documents that are going to be produced in (51 this case have not yet becnproduced.Buttheir tsl side chose to take this deposition at this time m right now, and we certainly - we would argue Isl should not be precluded from using documents [9] material to this depos• ition. They could have nol waited had they chosen to take this deposition [tn after the discovery was complete. Since they pa started at this point, we would ask the court's 1131 permission- [1al JUDGE RADFORD:I'U let him show [ts] those documents to this witness. If this witness o61 can identify them or recognize them, he can say he lnl does. But if he doesn't,I don't think he should ttsl be examined on them. [t91 MR. GROSSMAN:All right. Your [ml Honor, if we get to a document, and I don't think (zu we will, in all likelihood, that is something that [22] the witness can't identify, we'U address the [231 issue at that time. 12410: (By Mr. Grossman) But Mr. Bunr, garner, [asl before we proceed further, let me hand you some Page 133 - paSe 138 (24) Min-U-S«ipt® 51538 4896
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The State of Texas v. The American Tobacco Company, et aL [sl A: What I think I was referring to here m was that using nicotine as a surrogate was not isi satisfactory; not the smoking machine, not the 191 route of exposure, but using nicotine as the pol surrogate was not - 11110: You were having trouble deve- loping a[ta mechanism to determine exactly how much smoke the 1131 att- imals inhaled; is that correct? n4l A: With nicotine, yes. ns1 Q: And - 1161 A: We were in the procession of testing im with two other compounds: hentreacotane and [tal dotreacotane (phonetic). (1910: You were in the process of using other [aol compounds in the hope you wouldfmda method for [atl beingable to tell with some certainty how much lul smoke the animals had inhaled? [z31 A: In a quantitative fashion, yes. [Ml Q: But you had not yet developed that tnl method; is that correct? Page 152 Iq A: Nicotine was a failure, yes. nl 0: You had not? [31 A: We had not. N10: All right. Now, in the beginning when ts] you were first hired, your first studies tried to t61 determine testing techniques on the incorporation nl of labeled substrates administered by dif- ferem [sl routes into specific tissue metabolites; is that t9t correct? po1 A: That's correct. Itn 0: What does that mean? p2l A: We used compounds that were labeled 1131 with a radioactive label: carbon-14.Okay? pa These compounds were administered into animals by im various routes: IV, IP, pair offs. Those are the 1161 ones that come to mind right now. 1171 And we followed the label. In other 1191 words,the label-whereverthe label It91 concentrated we would take that tissue - we took [2a1 the tissue, we measured it in a liquid simuladon tz11 counterwhich measures radioactivity.It would t==1 tell us then where the nd- ioaetive material was [231 concentrated, in what organs.And by checking the [I41 urine and feces, it would also give you clearance ml times. Page 153 ttl Q: Right.So youwere -toput it into ul language that mostofus can understand- -patdon [31 me, one second. [+1 MR. GROSSMAN: Could you move [sl away? Because I can't hear him well. If you tsl could do your highlighting over there, I would m appreciate it. I have a scratching in my ear from [s] the high- lighting. I was just asking off the t91 record if - pol MR. MOTLEY:It may have been nn your conscience. lul MR.O'QUINN:That presumes a [t3] fact that's in dispute. [u1 MR. GROSSMAN:I'll leave that - [ts10: (By Mr. Grossman) Mr. Bumgarner, just Its] so that we can have a record that someone like me In] can understand, what you were doing and when you [ta] first came was looking for a method for separating It91 and identifying major tissue fats, phospholipids? Izol A: Methodology for separation aad [2tl identification had been prettymuch- lipid [ul analysis at that time, there were methods that 1z31 were fairly well es- tablished, okay? Following the lasl labels and things oftltat type was-what I think [251 you're referring to here are the radioactive label Page 154 w tests that we did on various cigarette Ix1 constituents. [310: And you were still testing - you were [.] stardngto test techniques;isthat correct? [sl A: Again, a lot of the techniques we were [61 using were well established. D] Q: But you were testing the tech- niques? [el A: Radioactive labeling and liquid [91 simulation counting were well-estab- lished [to] techniques at that time. We were testing them, Ittl yes.That's partof the scientific method. u-10: But you were testing the tech- niques.It31 That was what your job was? tu] A: Yes. Ilsi 0: Your personal job was to test 116] techniques? n7l A: I did not do aU the testing.lps1 Dr. Colucci did some,I did some at that time. [t910: But your role was to test tech- niques? Izo] A: Yes. 1211 Q: And that was your exclusive role in Inl the beginning; isn't that right? In] A: Fora shortwhile.That's what I did Ix4] when I first came on board. In] Q: And you also were testing dif- ferent _ Page 155 tn romes of administration of smoke in rabbits; is txl that correct? 13] A: That's correct. I+1Q:You wanted to see what would happenif [s1 you administeredthe stttokc by a catheter in the [sl throat or by other techniques; is that correct? rn A: That's correct. Min-U-Script 51538 Joseph E. &tmgarner November 11, 1996 [a10: What differences that would have? 191 A: That's correct. [po10: Now, obviously people don't smoke that im way? n21 A: That's correct. [13j 0: And not every species is the same in a lui large variety of ways; isn't that right? It's not Ils] just that people don't have big ears, people have [ts] different lungs than rabbits? im A: They have larger lungs than nb. bits. ua] 0: And the - people don't have exactly u91 the same disease mechan- isms as rabbits; is that im correct? 121] A: That's not established. [z21 Q: People don't have exactly the same 1:31 diseases as rabbits; is that cotrect? [asl A: In relation to obstructive lung hs] disease? Page 156 Iu Q: In general. [21 A: There are diseases that arepeculiar 13] to rabbits, yes. t410: And there are diseases that people [sl have that rabbits don't? [sl A: Yes. m 0: Tell me, Doctor, at the EPA, you don't [ei allow toxicological tests to be done by outside 191 laboratories or in- house on single species, do [10] you? [ttl A: I'm sorry? 11210: Don't you require at the EPA that [131 tests of this kind be conducted on two [1+] different-at least two different species and [tsl both male and female of the species be used? u61 A: That does not comprise my work at EPA. im 0: What is your work at EPA? usl A: My work at EPA is exposure me- chanisms. 11910: Mechanisms? [20] A: Well,route of cxposure,ttansport, [au where the material is located, air, and the Inl compartments, air, water, soil, et cetera, and how Ix31 it moves from one compartment to another. These R+] are exposure. What you're referring to are Inl effects. Page 157 [il 0: Compartment of what? u] A: Compartment as in environmental [31 compartment, which would be air, water, soil, l;l biota. [s10: So you test to see the envir- onmental [6t poilutants; is that co.~rect? m A: That's correct. [a10: But you don't do work on humans; is Ivl that correct? 4899 27) Page 152 - IPage 157
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The State of Texas v. Joseph E. Bumgarner The American Tobacco Company, et aL November 11, 1996 I131 A: Yes. u+10: What does mechanism mean? usl A: Mechanism is the mode of action on list drugs or foreign substances or naturally occurring un substances that may affect metabolism. list 0: Mechanism is not the same thing as (19t cause, is it? tzol A: The terms can be used inter- changeably t2q in some areas, yes. [nl Q: Dr.Colucci,yourmentorandboss, is [zal a toxicologist; i.s that correct? tz+l A: Yes. [zs10: And he has said many times that Page 127 III mechanism is only one aspect of cause; isn't that [21 right? Bl A: That's right. That's why I say it's ls1 often used inseparably. 1s10:In response to leading questions this ts] morning, you said you were looking for the cause m of emphysema. That wasn't exactlycorrect.You [el were probing a hypothesis regarding me- chanism: is [91 that correct? Itol A: The unit as a whole or myself? un 0: Yourself. The work that you were U21 do:ng dealt with an hypothesis re- garding t131 mechanism; isn't that cor- rect? u+l A: The unit as a whole was studying 1151 emphysema. What I was doing was looking at the u61 mechanism. m10: I.e t's break this down. The un'n as a tlel whole was working on, among other things, work [l91 regarding emphysema; is that correct? Iml A: That's correct. [211 Q: The general work with emphyse- ma was tzzl probing a particular me- chanism that had been (z3i postulated as the possible way that emphysema Ixt developed; is that correct? [zsl A: That was the work of my group, yes. Page 128 tlt 0: The group was not doing, for example, ta original epidemiology; is that correct? [31 A: That's correct. [4I 0: Nobody was; isn't that correct? [st A: That's to my knowledge - [s/0: Epidemiology is one of the factots t7l that's considered in determining cause if you're a lal toxicologist like Dr. Colucci; isn't that correct? 191 A: That - from a non-mechanistic pol standpoint, epidemiology is a survey of the causes [tll of things leading to the causes. [IZ10: One of the aspects? t131 A: It's one of the aspects. [t41 Q: Because you weren't looking at humans; [tsl isn't that correct? list A: No, we did not look at humans. 11710: You never did tests on humans in your list group; isn't that correct? [t91 A: No.That's cotTea. tml 0: You never did tests on monkeys, did nu you? [nl A: No. tz310: You never did tests on baboons or (HI other primates, did you? [asl A: No. Page 129 tu 0: You didn't choose species that were [zlcloselyrelatedtonnningeneral; isn't that 131 correct? t.1 A: Closely related, no. ts10: Because you were - Is] A: Genedcally. m 0: -youwereworkingonmechanism isi rather than trying to find a close replica of [91 humans to determine a causeandeffetx [lo[ relationship; isn't that correct? pll A: Yeah. But there's often com- monalities ozt in mechanisms. [1310: Now, the precise hypothesis that you [141 were working on dealt with surfactant; isn't that list correct? u61 A: Surfactant was involved, yes. 1171 Q: What is surfactant? Itst A: Surtactant is a secretion of type two u9l pneumocytes. It's a lipid-based film that coats [ml the interior of the alveolar sacs, the air spaces. 12110: And it was-'nwas yrour-it was t2al the hypothesis that was being worked on that smoke [z31 altered somehow the lung surfactant. And after 1241 lowering the sutface tension in the lung, this [zs/ caused damage to the air sacs and led to Page 130 m emphysema? [21 A: That was part of the hypothesis. The [3t full hypothesis that smoke affec- ted basic lipid [+I metabolism in the lung which, in turn, would tsi affect the production of lung surfactant. ts10: Andthatthatpmcesswouldleadto m emphysema? [ej A: That process would lead to emphysema. [910: Now just so the record is clear, there nol was literature for many years, epidemiological uq literature, showing thatamongpeople there was a Uzl higher rate of emphysema in smokers than u31 nonsmokers? Lut A: To the best of my knowledge, that's [tsl right. [t610:And you were looking for some [nt mechanism that would explain that observed ust increase of emphysema in humans versus - in n9t smokers versus nonsmokers? Imt A: That's correct. (2It 0: The theory that you were work- ing [nl with-Ishouldsaythe hypothesis that you were 1231 working with death with the way that smoke might [za alter the lipids in the lung and lead to altered [zsl surfactant, causing damage to the air sacs? Page 131 ot A: We were looking at means by which [21 constituents in smoke would affect lipid Isl meraboiisminthe lung;not just the lipids [+1 themselves, but the production of the lipids. tst Q: And the hypothesis was that the [61 production of the lipids somehow had something to rn do with the origin of emphysema; is that correct? [el A: Yes. 1910: OkayNow,that was the hypothesis [l01 you were working on? ptl A: Yes. [lzl 0: Now, in science, there is a scien- tific 1131 method, isn't there? nn A: That's correct. us10: And pursuant to the scientific method,o61 there are sonte tests that you undertake to develop 1171 hypotheses and other tests that you take to prove pal hypotheses; is that correct? u91 A: That's correct. [ml 0: And you design the tests dif- ferently t2q depending upon what their aim is; isn't that [ul right? [z31 A: In some cases. In some cases you can [241 design the test very similarly. (2s1 Q: There's a third kind of test that's Page 132 tit undertaken to see if you've got - if you're even 121 working with the right methodology; isn't that 131 right? [u A: That's correct. ts10: That's a big part of what you were [61 involved in, isn't it? nl A: I was developingthe methodology, yes. [a10: Now, when you first ranle to [91 Reynolds- excuse me one moment.You spent -[lol during your first half year there, you spent a[ttl good deal of your time trying to develop methods [lzl for your testing,both of cigarette smoke and [131 drugs; is that correct? t1+1 A: Not a large amount of time was spent nsl on the drugs.In fact,very little time was spent tst inthe drugs. Most ofit was directed toward (171 smoking and health,but not toward the drugs. We ual did a small amount of work as primary screens. 'M'n-U'Ser'P 51538 4895 •23) Page ][27-Page 132
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Joseph H. Bumgarner November 11,1996 Page 182 ttl that, wouldn't you? [21 A: I would see that, yes. [31 Q: why? [q A: If it develops pmbably-and this is [s1 also my speculation since I'm not familiar with 161 the regulation. If it develops in two different 1n animals and these. autmals are genetically I61 differ- ent, they have difference in lung phys- iology Isl or whatever organ you're working with, then the Itoi chances are that the pathology would also be Ittl common to other species. That's the assumption. Itil0:lt's also important to work with both [131 males and females of the species? w1 A: That's correct. usl 0: But you worked only with one sex; is 1161 that COrrect? 1171 A: For the limited amount of time that we [tsl were allowed to work on it, yes. u910: Now - and that's when you were at Im] Reynolds working under Dr. Col- ucci? 1211 A: That's correct. [nl 0: The decision to use only one species [nl andone sex didn't come from lawyers at Reynolds; im is that correct? Inl A: The decision was not made to use only Page 183 I n one species and one sex.It's what we started 121 with. [3) 0: Okay. But the decision-the use of Isl a single species and a single sex was decided by Is] the scientists at Reynolds and no one else; is lel that correct? p] A: Again, Counselor, that was not a isi decision that was made.That's what was 191 available. uo10: The use was the decision of [ttl scientists? You could have purchased other 1121 animals, couldn't you? 1131 A: Yes, but we couldn't have gotten them lu] exposed in a reasonable length of time, keeping in im mind the ex- posure regimen demanded for minimum up 1161 to90 days.So itwould have caused delays. It [t7l would have eventuallybeen addressed. We were Itsl well familiar with the scientific methods. hs] 0: Well, all this was preliminary Iml research? [nl A: Yes, it was. im 0: Now, Mr. Butngarner, at the very time 1231 when you were working on the lung surficrant 1241 hypothesis at Re- ynolds,sindlarresearch was going [2s1 on elsewhere, wasn't it? The State of Texas v. The AmeHcan Tobacco Company, et aL Page 184 It] A: To the-well,people were looking at 121 surfactant. A guy by the name of Sprfelli 13] published a book on it. [+I 0: The fellow named Scarfelli pub- lished a isi book in 1966, was it? 161 A: I can't tell you the exact date, m Counselor. I haven't looked at the book since I lal was at Rcynolds.I can't teRyou the date of Is1 publication. im 0: You haven't looked since when? I'm u q sorry, I didn't hear you. u21 A: Since I was with the company. 11310: Haveyoufollowedlungsutfactant work [141 since you left the company? im A: No, I have not. I16] 0: Have you followed emphysema research t»1 since you - pal A: No, I have not. u910: Have you read the surgeon gene- ral's Ixol report since you left the com- pany, uu A: No, I have not. Inl Q: You don't know what the current state 1231 of medical science is with regardto etnphysema;is 1241 that correct? [zsl A: The only thing that I know is that Page 185 [q smoking has been implicated as a major cause - 1210: It was then, too - !31 A: - in the surgeon general's report. 1410: The 1964 surgeon general's report Isl suggested that smoking had a re- lationship with [sl emphysema, didn't it? nl A: That's my understanding, yes. [810:Okay. But apart from what you knew [91 when you were at Reynolds, have you followed nol emphysema lite- tature at all? Itt] A: No. 1121 0: Okay. And so if there had been new tp31 bombshells in emphysema re- search, you know nothing It4] about it, correct? [1sl A: No. No. nsl 0: Is that correct? [n1 A: That's correct. Its! Q: And if there has been new work in t 191 surfactant research since you left RJ. Reynolds, tzo] you know nothing about that,too; isn't that 12t1 correct? [221 A: Tltat's a190 correct. [231 Q: If there has been work showing that [241 surfactant is a bogus theory in Zplaining I=sl emphysema in humans, u don't know about that Page 186 hl either, do you? [21 A: Hsuch a thing exists,I do not know [31 about It. N] Q: Okay.Let's talk about the work that Isl was done on surfacrant before you were at Reynolds [sj and while you were at Reynolds.You said that ri there was a man named Scarfelli who wrote a book le] about the surfactant theory and emphysema; is that Isl correct? 1101 A: That's correct. nu Q: And he listed dozens of studies that 1121 were done on that before you even came to 1131 Reynolds; isn't that correct? [t41 A: He listed some studies,yes,but usl not- [t610:In fact, while you were at Re- ynolds [tn there was a professor who came from the University us] of Virginia to talk to you about surfactant work 1191 that was being done elsewhere;isn't that correct? 1201 A: If memory serves me correctly, yes. t2U There was a seminar. 12210: He shared with you the surfactant work rz31 that was being done at medical schools and [241 universities and else- where throughout the country? Rs! A: He addressed it.I can't remember the Page 187 [q context. u] Q: And he understood that you were doing [31 surfactant work as well? (41 A: I can't rememberdiscussing it with [s] him personally. I don't know if any- body else did. Is10: But he was there in an open and m academic setting at RJ. Reynolds to discuss Is] surfactant work; isn't that right? 19] A: Counselor, he was there to present a[ tol paper orpresent information on his work.I don't u tt know that there was an exchange of information. n2! There cer- tainly was not from me. 1[31 Q: Okay.You were a junior scientist? 1 t+1 A: I don't think there was with some of psl the other scientists because at the paper we all n61 sat together. [m 0: You don't know the other meet- ings that ps] other scientists had with him; is that correct? 1191 A: If there were other mcctings,I did I2ol not attend them. 12q Q: Now- 1221(Deposition Exhibit 12 was marked.) IK10: (By Mr. Gtossman) Mr.Bumgamer, let [nl me hand you what has been marked for Page 188 ul identification purposes as Bun-.garner Exhibit 12. [2] A: Okay. Page 182 - Page 188 (32) Min-U•Script® 51538 4904
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Joseph E. Bnmgarner November 11,1996 The American Tobacco Company, et aL tm] MR. FENNELL:FenneU. It's txu F-c-n- ne-N. 122] JUDGE RADFORD:Okay. On behalf ta31 of the Brown & Williamson Tobacco Company? Let's tatl show no appear- ances, tssl The British-Atoerica Tobacco Page 10 w Industries? I'm going to show no appeantnces. tn Philip Morris, Incorporated? 131 MR. STOEVER: Good morning, your 141 Honor. Tom Stoever appearing on behalf of Philip [sl Morris. 161 MR. GERMER:Iarry Geamer present m on behalf of Philip Morris. tsl JUDGE RADFORD: Okay. Liggett tv] Group, Incorporated? ttol MS. MALOW:Ellen Malow on behalf ttu of Iiggett Group. 1121 MR. SCHWAB:David Schwab also, ttsj your Honor. [t41 JUDGE RADFORD:David, I missed Itst your last name, I'm sorry. 1161 MR. SCHWAB: Schwab, S-c-h-wa-b. utl JUDGE RADFORD:The I.orillard ttsl company? im MR. MINTON: Milm Minton. [ml MR. GWINN: Robert Gwinn, your [211 Honor. (221 JUDGE RADFORD:Yes, sir. [231 Uni- ted States Tobacco Company? u41 MR. PATTON:Nick Par.on, your Inl Honor. Page 11 ut JUDGE RADFORD: Hill & Knowlton? [2t Show no appearance. [sl The Council ForTobacco Hl Research -USA? Show no appearance. ts[ Tobacco Institute, Incorporated? t61 MR. MxLAREN: Scott Maclaren for m The Tobacco Institute, your Honor. tsi JUDGE RADFORD:Okay.Are there tvl any other parties who have not been identified for pol the record? t ut MS. FORBES: I'm Marilyn Forbes. ttzl I'm attending but not appearing on behalf of 1131 RJ. Reynolds. tul JUDGE RADFORD: Okay. Thank you, Osl ma'am. 1161 Thc way the Court understands, the un parties have agreed that the dep• osition would take nel approximately two hours for the plaintiffs and, as u91 I understand, there will be a designated partyfor tm] the defendants as a group to attend it orto [:u question the defendant and that would 1221 approximately be two hours. 1r31 MR. GROSSMAN:No, your Honor. 1241 The agreement, as I understood it, is that we tnlwould have the remainderof the day.And the Page 12 [n notice called for the plaintiff's dep- osition - [2I plaintiff's questioning of their witness to last 131 for an hour and a half or two and our 141 crosstxamination to be the remainder of the six [sl hours set aside for deposition today. tm JUDGE RADFORD:Yes, air. Okay. m That will be the agreement. tsl The Court further understands these t91 times will be deducted from the total number of itol hours that have been allotted for depositions in ttq discovery. 1121 Are you ready to proceed? [t31 MR. MOTLEY:Yes, sir. I am. u41 MR. STOEVER:Your Honor, could I ps] ask one question? If one person makes an tt61 objection, such as we can make objections, can aU utl the defe- ndants be assumedto have joined inthat Its1 objection without having to make the same t,9] objection? tml MR. MOTLEY: I have a problem t2tl with that, your Honor, from the stan- dpoint of an [22] objection based upon a privilege. I think it 123] should be made clear what privilege-this 1241 gentleman worked for RJ. Reynolds - what [st privilege is being asserted by Philip Morris or Page 13 [tn someone else. I think that needs to be on the [21 record. [s1 MR. STOEVER: Your Honor, I don't t41 disagree with that. If it's a privilege matter, tsl each defendant should make their own objection. I 161 was thinking more of the other types of objections m that might come up. (8] JUDGE RADFORD:1 will permit if tvl it's a privilege objection that any other party uol other than RJ.Reynolds to put into the record utl the reason for their privilege objection; tt=I otherwise, for whatever reason you might have to 1131 be able to object under the plan, I'll assume that n41 one objection will be good for the rest of the osl defendants. us1 Okay. Mr. Motley, you may take your im witness. [te1 MR. MOTLEY: Good morning, your [t91 Honor. Good morning, Mr. Bum garner. How are you [ml doing? [2qTHE WITNESS: Doing fine. [a21 MR. MOTLEY: Have you ever been [231 in a cotutroom quite like this with all these [Hl lawyers in it? tn1THE WITNESS: No, sir. Page 14 pl MR. MOTLEY: Is this the first t2l time you've ever given a deposition, sir? [31 THE WITNESS: Yes. 141 MR. MOTLEY: Will you state your isi name and address for the record. 161 THE WITNESS: My name is Joseph nl E. Bumgamer, 1012 Plantation Drive, Cary, North [sl Carolina, 191 MR. MOTLEY: What is your current nol employment, sir? ttqTHEWITNESS:I am currently [t:] employment by the United States En- vironmental u31 Protection Agency, Re- search Triangle Park, North 1141 Carolina. ttst MR. O'qUINN: Has he been swom? 1161 MR. MOTLEY: Oh, I don't think im he - uel JUDGE RADFORD:I didn't see him [t91 sworn unless he was sworn- tm1 MR. MOTLEY:I thought he was 12 11 sworn before we all got here, your Honor. 1211 JUDGE RADFORD: I apologize. 1231 Will you raise your right hand and take an oath 1241 from whoever the court reporterornotaryis;and tzsJ ifthere's not one, then the Court will administer Page 15 [u the oath. [2l Do you solemnly swear or afBrm that 131 the testimony you will give in this ntatter will be[41 the truth and nothing but the truth, so help you tsl God? (61 THE WITNESS: I swear. m MR. MOTLEY: Migbt I inqu'ue of [el the videographer is the sound quality from my [91 voice and the witness's voice and the judge's [tol voice is sufficient? 11nTHE VIDEOGRAPHER: It's fine. I tul want to let you knowthat it is a live mike so any im discussions. I will try to turn you down. [t41 Otherwise... usl MR. MOTLEY:Okay.Judge, let me (161 start over again. [nl JOSEPH E. BUMGARNER, [lsl the witness hereinbefore named, being of lawful [w[ age and being first duly cautioned and sworn in tml the above cause, testified on his oath as follows: t211 EXAMINATION [nl BY MR. MOTLEY: [231 O: Good morning, your Honor, good u41 morning, Mr. Bumgarner. [=sl Othcrthanthe previous two minutes, Page 16 tq have you ever given testimony in a court of law t2[ before? t31 A: No, I have not. t410: Have you evergivena deposition tsl before? tsl A: Not under these circumstances other m than a divorce hearing one time, two questions. ta10: And state yourname forthe record, [v] please. The State of Texas v. Page 10 - Page 16 (4) Aliln-U-Script®
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The State of Texas v. Joseph E. Bumgarner The American Tobacco Company, et aL November 11, 1996 Inl A: We tried some chamber studies in which Ps] the animals were exposed to smoke in a chamber. u9] 0: Describe that to me, what you mean by uol chamber studies. tn] A: The animal is simply placed in a tnl chamber and allowed to breathe normally,as normal ta] aspossible Inthat chamber, the atmosphere that's IHl in- troduced into the chamber.- Iss10: The smoke is introduced into the Pegs 29 Itl chamber? u] A: Right. 131 Q: Did the rabbits like the smoke? 141 A: No. ts10: What didtheydo,to yotupersonal 161 knowledge,to tryto keep fromsmoke getting in m their lung? [s] A: The times I witnessed them being 191 exposed, they became initially agit- ated. After a no] period of time, they would settle down. u a 0: They would settle down? [tzl A: Yes, sir. n310: Can you give us an idea howmany It4] rabbits would be in a chatnberat the same time? [[sl A: One. Us10: One? How many nbbits would be - Irn where they were being tubed through the nose at [tal one time? u91 A: I saw up to three at one time. tm] 0: Three. Was it difficult to expose h[] these animals to cigarette smoke, sir? [u] A: Yes.Very much so. Int 0: What difficulties were encoun- tered, to 1241 your personal knowledge? im A: Irritation in the area where the smoke Page 30 [[l was being introduced. Some animals died during 121 the process. We had infections in the anitnals.131 The cannula caused a certain amount of (+) irritation. There was irritation in the surgical [s1 area around the tracheotomy. That's about it. (610: Well, sir, was the smoking machine m technology something that had been around for [e] centuries oris thata recent development? 191 A: No. That was regarded as state of the [tol att. uu Q: And by "state of the art" in 1967, I[z) what do you mean, just generally? 1131 A: That was recorded as the best way - ua best approach to exposing animals at the time. [ts] 0: Were you proud or did you have any im personal briefs about the ad- equacy of the machines p7] that you were provided by RJ. Reynolds to cotr dua (tet these experiments- It91 A: I thought- uo] 0: - at the time? [2u A: For the time, I thought they were tz=l adequate. 12310: Okay. Sir, in March 1970, you left u+] the company? [sl A: Yes. Page 31 [n 0: What happened? [21 A: We were terminated. n] 0: "We" who? I+] A: The biological group, or the smok- ing [s] and health group, and other people not associated [61 with the smok- ing and health program. m 0: The smoking and health group contained [ei how many people? I91 A: Approximately 26. ito Q: And were all of you terminated? Inl A: Yes. Well, everybodyin the group? [[=1 Some were retained by the company, but 26 were 1131 terminated. [t+10: Were tetminated? psl A: Yes. us] 0: Do you remember when in March that was [m of 1970? im A: No, not the exact date. n9[ Q: When you joined RJ. Reynolds, were Im] you told they had a good employee relationship [at1 from past history? u2] A: One of the best in the industry. [2310: To your petsonal knowledge, had there 1241 previous to the March 1970 dismissal of the Inl personnel - or most of the personnel of the Page 32 lu smoking and health group,had there been any such [2] mass layoff like that? [3t A: To the best of my knowledge, that was I+t unique with the company, that was the first. [s] 0: In fact, did the company have a press [s] conference alwut it? m A: To my knowledge, they did have a press [e] conference.Not in mypresence, though. [910: When you were first hired, sir, the uo] people who - the senior man- agement officials who uu interviewed you and offered you the job, did they (121 describe foryouwhat the purpose of the smoking It31 and health groupwas within RJ. Reynolds? Ue] A: Dr. Nystrom did. 11510: Dr. Nystrom, again what his posi- tion [t61 was? im A: Dr. Nystrom - the chain of cotn- ttnnd in I:e] my group was Dr. Colucci was my immediate [t91 supervisor, Dr. Nystrom was his supervisor, lao Dr. Nielson was Charlie Nystrom's super- visor, and 1211 then Murray Senkus was director of research. 12210: Your group was dedicated to try- ing to 1231 do what? What was the whole purpose of exposing (2a these animals to cigarette stnoke, as you [2s1 understood it? Page 33 [q A: To determine if cigarette smoking was R] a cause of emphysema, which is an obstructive lung ist disease; and if it was a cause could we identify [+1 the offending components in cigarette smoke that [sl created the effect. 16] 0: Sir,while youwere workingin that 171 laboratory, I take it you went to work regularly? Isl A: On a daily basis, yes. t9] 0: And did you maintain a-lab notes? uo] Or how did you record what you saw when you were [tt] working for RJ. Reynolds? n2] A: The company had a standard lab oratory tt31 notebook that was used to keep notes on our n41 research. 11510: And did you comply with the company's (tsl policy about that being a place where you kept [171 your notes? itsi A: Yes. tt910: And did you keep a separate little 1201 pprivate notebook yourself? (2t1 A: No, we did not. [u] 0: Was that against policy? In] A: That would have been against policy,12+] yes. Issl 0: Who maintained the custody and control Page 34 [ tt of your notebook on a given day, let's say [z] through '68, '69, early 1970, who was in charge of 131 your personal notebook? (41 A: I was. [s10: During the course of your two and a Is] half years except for the last several weeks, m okay - let's separate the first twoyears and say lei three orfour months from the last month, okay? Ivi Duting the early part of your employment, did uo] anyone ever request your notebook? ntl A: No. px] Q: Was your notebook under your custody It3t and control? [ta A: Yes. ns10: To your personal knowledge, was that usl true of everyone in your group? im A: Yes. Its] 0: Now, Mr. Bumgarner, have you ever u91 heard the term"scientific cover- Kin-U-Script( 51538 4879 (7) Page 29 - Page 34
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Joseph E. Bumgarner November 11, 1996 didn't even pay us the courtesy to give us a copy Im] of them. (2tl Now,wbat we're hearingas to the tzzl second excuse - the frst one is we're trying to tril go too fast to get ready for trial. That's the [:q first excuse. The second excuse is we won't lay tn] down and let them run the Minnesota truck overthe Page 170 (t] Texas lawsuit. We have made our position 121 abundantly clear. the Min- nesota is notto dictate 131 the litigation in Texas. 141 You and)udge Folsom will have m[s1 decide howyou want to sort thatout. We think [6] we've given you compelling arguments as to why m Texas should have Texas discovery in accordance [a] with the Eastern District rules. t91 We have no idea if the Minnesota [to] production is complete. And so now we're being utl told we're limited - somehowwe're limitedto u:] something happening in Minnesota beyond your very 1131 jurisdiction. We think that's a bad way to run 1141 the judicial system in the Eastern District of pss Texas. We think your decision uldmately will be p 6] they've got to produce in Texas, not simply say m1 see if you can go find it in Minnesota and na] hopefully the ice hasn't covered itoverbythe [t9ltime you get there. i2oi What's happening here, as his very 1211 speech showsyou,what he's sayingis he doesn't 1221 care what you think, he doesn't care what Ithink, Iz3] we're going to play bytheirrulesorwe ain't h+[ going to playataU.That's what's happening [xs] right here in front of you. They're going to Page 171 t[I crosstaatnine this witness and the- y're going to 123 punish us because we won't go to Minnesota to get 131 the documents.That is wrong. [41 We're sayingwe wantthistobe a good Isi object lesson of why this lawsuit is going to be 161 hamstrung. We are not going to make the September m trial setting, which we desperately want to make, lsl unless we can get Texas pro-. duction of these ts] documents, and particularly documents they intend Ita] to use in your courtroom.Do 1 have to go to iiii Minnesota to get the documents they're going to ux[ use in your court- roomP Can't they at least pay us n31 the courtesy of giving us those documents before tl4lwewalk intoyou: courtroom~ Itsl MR. GROSSMAN:YourHonor,Ihope 11611 can get back with my deposition. In] JUDGE RADFORD:You may. ns] MR. GROSSMAN:Thank you. p9] 0: (By Mr. Grossman) Mr.Bumgatncr, The State of Texas v. The American Tobacco Company, et aL I'd i2oi like to direct your attention to Fxhibit 6 (sic) [211 which is not at your desk. tztl A: This is the last documented you gave [r31 me.Wait a second.This is- tM10: No. Exhibit 6, it's from a[2s1 Mr. Carpenter to a Mr.Weissbecker. Page 172 [tl A: Yes. Okay. hl Q: Could you confirm that you never [3t received that document before you were given it by [+1 Mr. Motley and his associates? (sl A: That's carrect. [6] 0: You never received that in the normal m course of business at Re- ynolds? [el A: No. 1910: You never receivedit inthe notmal [tol course of business thereafter? unA:No. u:] 0: That's correct? 1131 A: That's correct. [ t41 Q: AU tight. By the way, do you know [tsl who Dr. Price is at RJ. Reynolds? [t61 A: Dr.Pdce? [t7] 0: Yeah. [tsl A: No. It910: So in the firs: sentence where it says t2ol this Mt. R. D. Carpenter or L. Weissbeckermet I2tl with Dr.Price at R J. Reynolds, you don't know 1221 what he's talking about; is that correct? (231 A: I don't know Dr. Price. 1241 Q: Okay. Thank you. 1251 Mr. Bunr, garner, you testified earlier [al A: That's correct. tn10: Andthe samewould be true of any 1231 other species you dealt with? 1241 A: I can't remember the numbers with [xsl other experiments that we worked with, but the Page 174 Itl rabbits were in limited supply so we had to wait 12] our time. 131 Q: The smoking experiments ul- timately all [41 were with rabbits; is that correct? (51 A: There was some work being done, but we [61 were working with rabbits because we were lavaging m the lungs and we needed all the surfactant we isi could get. The rabbits had bigger lungs and so we t9] used those. po10: That was the animal that you used and utl it involved numbers of rabbits from 12 down? na[ A: To the best of my recollection, they 1131 were limited numbers. [t410: And you used different pro- cedures, you [ts] were testifyitlg earlier, to mimic cigarette n6[ smoking; is that correct? n7t~ A: Keep in mind there was a deve- lopmentat Itsl stage andthenthere wasa stage that we did what 1191 we felt at the time was at least routine analysis uo] that we had worked out some of the pro- blems that [rtl we had and now wc were starting to expose [u] regularly. R3, 0: Developmental stage was testing [2s[ procedures and the later stage was with the (ZS] procedures somewhat in place? Page 175 Page 173 ttl that you had worked with rabbits, mice, and rats; 121 is that correct? 131 A: That's correct. [+10: Your work with pharmaceuticals dealt [sl primarily with rats? [s[ A: To the best of my recollection, the pl initial work was done on rats. [s] 0: And the principal species you worked [91 with on smoking issues was rabbits? Ilo] A: That's correct. tttt Q: What was - sometimes you work- ed with pzl a single rabbit, sometimes with three, and [t31 sometimes with more? u+l A: It depended onhowtheycame off us] exposure. We got them as they became available. n610: You never had more than a dozen (m rabbits in any study; is that cotrect? usl A: That's correct. [t91 Q: And you rarely had that many; is that i2oi correct? [q A: Yes. [z] Q: And no matter what you did, ul- timately 13] you never had a procedure that exactly mimicked tal the way hum ans smoke; is that correct? [s] A: Well, define what you mean by [61 m 0: Humans smoke by taking smoke into the Isl mouth, inhaling it through - down to the lungs (91 and then exhaling, correct? [tol A: That's my understanding pretty much of Itq how the rabbits were smoked. pa) 4:1~ne rabbits sntokedthrough what [[31 organ -what was the orifice through which the [i+l smoke came in? osl A: When it became routine,th: nose. tt610: Humans don't smoke through the nose; [tn is that correct? pal A: They can inhale a certain amount of ti91 smoke through the nose, espe6 ally side-stream i2oi smoke. [z11 Q: Generally,ingeneral,principal tnl Page 170 - p.7Ee 175 (30) l/iiat-U-Script® 51538 4902
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The State of Texas v. The American Tobacco Company, et a1 P T Tlwnqon Cobum INTIEUTA7E0STATESDISTRICTCOURT age Orw MwuMIIM CnMr SI LWN MWUUrl 83101 FOR THE EASTERN dSTRICT OF TEXAS . , TExARaANA omSiDN APPEARING FOR TIE DEFENDANT CA.NO.5:B5CVB1 LORaLARDTOeACCOCOMPANY THE STATE OF TEXAS VS THE AMERICAN TOBACCO COMPANY; R.J. REYNOLDS TOBACCO COMPANY; BROWN & WILMMSON TOBACCO coRPaRATION; BAT. SAUSTRIES, P.L.C.; PHILIP MORRIS, INC.; LwoETT GRaw, INC.; LORILLARD TOBADCo CowAFn, - . INC.; UNITED STATES TOBACCO COMPANY; HILL 5 IOiOWLTCN, INC.; THE COUNCIL FOR TOBACCO RESEARCH - USA. INC. (S~b TobFCCu N.BM. RN.nen Camai..);.nA T11E TOBACCO iNSTiTtrrE, BrC. VIDEOTAPED ORAL DEPOSITION OF JOSEPH E. BMAGARNER Ne..meo 11, tBBs ANSWERS AND DEPOSITION OF JOSEPH E. Page 2 BUa(W V1ER, prr10up0 r a WIMY tl 11N YWMip ol pw PIYAI,1.kM In 10..Sm.-.ryyd aM 4,urb..d uu.. an Br 11N day d NavnNw, 1011111, Man RaWS R Cep., a CMMM SNMMnd R.Faw Ln.na mr Br Sw. a T..r. R.y.«w PnNrbr W/Mpnr W rq C.nB40 Rawlbn iMpaby al B*Jack BroPla FaMN BullOpq, mMa r aao Wrw, Counmom a. m m. Cey a Bw.mnl Cwny a Jwrw.nn ane Srrk a T..... In aaeptlMn Mh W CM JuFlla E>tpmw DWy rN RWUden Pl.n /er the Erbm DiNrkY of To... APPEARANCES MR RON MOTLEY MS. JOD1 W. FLOWERS NPy L1aary. LwdlroA. RkNVtlam & PCaN 151 MwUrq S1nal SuS. tW P.O. Bat 1137 CIWWIpI•aWWCYWM 29402 APPEARING FOR THE PLAINTIFF MR HARRY O. POTTER III Sv.W AnwM Aeam.y G.n.a P.O. Bea 12518 CapblSltlbn Ausan• Ta« 7n11-xsre APPEARING FOR THE PLAINRFF MR JOHN M.O'OUNN JaM M.O'Oulnn, P.C. 440 Lewwn. Sn..1 Su. 2300 HwA<n, T.w Trvot APPEARING FOR THE PLAINTIFF MR GRANT NAISER MR GREGG THOMPSON N.Yw & MmYrn, P.C Sub /M0 Lyrk CMa 440 LeuMlana NoaMan, Ta..a r7oozua APPEARING FOR THE PLABITIFF Page 3 APPEA(LINCESiCcMlnu.d) Page 4 MR. HUGH E. MdS:ELY MR GLENN E. MINrffR Pmvu15 LMrplrt.y Law FMrq LLP. 2001 Tv B. Cr..k Dari S,.. am Pon AM.c, T.o. 77N2 APPEARING FOR THE PLAINRFF MR RHETT o. KLDN T..a Ton.rr, Luqulon A..oa.Kn Bwc Ona BuIMMq 2001 TwIM Crnk Drin SuIN 301 PeeArowr,Ta.a 77642 APPEARING FOR THE PLAINTIFF MR NICHOUS R PATTON Ptlbn, TMwq SaMMur i Paddxk a1nTa.FBoulvw P.O. Bw 1w7 Tw.wana Tar 75sa APPEARING FOR THE DEFENDANT UNITED STATES TOBACCO COMPANY MR MICHAEL B. MINTON APPEARANCES (r.enlhx" MR RDBERTA OWINN Owlnn i " 1201 Elm Strwl 30641100 o.w... T...a 75z7o APPEARING FOR THE DEFENDANT LONLLARDTOBACCOCOMPANY MR SCOTT W. M.dMEN amM a RCS'f 1201 Elrn Sn.M Swi.atBo DW.., T.,.. 75:ro APPEAFtlNO FOR TIE DEFENDANT THE TOBACCO /NSTnTUtE, INc. MR. LAWRENCE L aERMER lLmw t Galz, LLP. BOSPUkabwt BwurronL Tutl 77701 APPEARING FOR THE DEFENDANT PwuP MORRIS. iNC. MR THOMAS W. STOEVER. JR AmnM L Partx 1700 unomn Sw.1 Sua..ooo DPm..r. Daar,eo Bosos APPEARING FOR THE DEFENDANT PHILIP MORRIS, INC. Page 5 APPEARANCES (CanllnutlJ Pago a MR.THEODOREM.GRCSSMAN MR. TOM FENNELL Jar, Day, R.aM.S Pnyu. Noen Powm B01 La1cWMAvww. CMVaMnd, Ohlo M1U APPEARING FOR THE DEFFNDANT R.J. REYNOLDS TOBACCO COMPANY MR. WALTER J. CRAWFORD, JR Cr.w/ad & Ol.rn• L.L.P. PNmlaum Towv, Sutl.1I00 550 Fannln SInH BrumoM, Taw 77701 APPEARING FOR THE DEFENDANf RJ.REYNOLDSTOBACCOCOMPANY MS. ELLEN B. MALOW MR. DAVID SCHWAB KaWMt=, Bamnn, Torrr» & FMOmin, LL.P. 700 LauLNn. Stmt SuM T200 Ho,man, T.... 77002 APPEARING FOR THE DEFENDANT LIGOETT GROUP, INC. ALSO PRESENT: Mr. Wayna Rwud M.. Mulyn R Forbu MS. ALICE M. GEORGE, VM.epr.pMr Amnm.n L.y.rt.ce Dnr, ina 300 PnmMr Plan. Ddlas• T..r 75t05 PagB 7 [q PROCEEDINGS [2l JUDGE RADFORD: I'm going to open 131 the record ir. the matterofthe State of Texas [41 versus Ame rican Tobacco Cotn- pany, RJ. Reynolds isi Tobacco Com- pany, and others. Let's show this is isl Cause No. 96CV91. 171 The purpose for the hearing at this [Bl time is to take a deposition of a witness tha: has t91 been produced by, as the Court understands, the uo) plaintiff, and th e deposition will be taken 1111 ptusua nt to the CivilJustice Expense Delay and f rzl Reduction Planforthe EasternDistrict of Texas. [LSl I particularly address aU of the parties' i1s1 attention to Article VI, Sect- ion 6, of our [tsl deposition plan and it controls the depositions of (L61 wit- Joseph E. Bumgarner November 11, 1996 nesses. That is, the - this is, as the Court [vi understands, a nonparty witness, and attorneys are pal prohibited from in- structingthe deponent not to [t91 answer or how to answer a question except as to [ml assert a recognized privilege. [:q You'll be allowed to reserve all of [:al your objections until the time of tttial- The t») question has come up as to whether or not you need rz+i to object to eitherthe formof the questionor [=s( the response of the answer. I'm going to suggest Page a iii that the lawyers not ask leading questions or to [2l suggest the answer that the witness should give. [;1 I'll permit - if it appears that the 141 attorneys have sotne objection to a form of the [s) question, if you'll utge it, I'll show that you (6) can have a running objection to any of the fotms t'n that the lawyers may be asking. [al For the record, let me take the t91 appeannces of counsel,first forthe State of itol Texas.Can Iget all the lawyers that are here on pq behalf of the State? [t:) MR. O'OUINN: Good morning, your [LSl Honor, I'mJohn O'Quinn appearing forthe State; [ta1 andMr.Ron Motlcyfmm South Carolina is also [tsl appearing for the State, your Honor• [t61 JUDGE RADFORD:Okay. I noticed 1171 Mr. Reaud.Are you here on behalf of the- [tsl MR. REAUD: Yotu Honor, I'm not u91 going to appear today, but I'm here. lml JUDGE RADFORD:Okay. Well, it's 1211 good to have you. [zz1 Mr.Thompson and Mr.Barclay- [n11AR. THDMPSON: Gregg Thompson on (b) behalf of the State ofTexas• 1251 MR. KAISER:Grant Kaiser, also. _ Page 9 [u JUDGE RADFORD: Okay. 12) MR. MkNEELY: Hugh McNeely, your [sl Honor, on behalf ofTexas. 141 MR. POTTER: Harry Potter also isl on behalf of the State of Texas. t616tS. FLOWERS:Jodi Flowers on m behalf of the State of Texas. [Bi JUDGE RADFORD: Let's see,who's 19) here for the American Tobacco Com- pany or [tol RJ. Reynolds Tobacco Com- pany? I see [tU Mr. Crawford. nal MR. CRAWFORD:Ycs, your Honor. [131 Walter Crawford for RJ. Reynolds. [t+1 MR. GROSSiNAN:Ted Grossman also ttsl for RJ. Reynolds. 061 MR. FENNELL:TomFenneU,yourtnl Honor, for RJ. Reynolds. ttal JUDGE RADFORD: Your name again, [191 please s')r. Min-uScripts 51538 4875 (3) Page 1- Page 9
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Joseph E. Bumgarner November 11, 1996 11610: He was the director of research of the im RJ.Reynolds Tobacco Company? [t,] A: Right. And Iater I was interviewed u91 also by Charlie Nystrom. [aol Q: CharGeNystrom?That'slzuN-y-sa- tomP tul A: Yes. Iz310: And who was he? [z+] A: Charlic- his exact title Pm not [zs1 certain of, but Charlie was like a division head Page 23 iii or a group leader. 1z[ 0: You worked at RJ. Reynolds from 131 November 1967 until what date, approximately, sir? 141 A: Match of 1970. Isl Q: So approximately two and a half yea<$? 161 A: Yes, sir. m 0: What job did you fill in the two and a lel halfyars you were at RJ. Reynolds, sir? t91 A: Research biochemist. po10: Tell the juryand the court, please, utl what biochemistry is, briefly. pzl A: Biochemistry is the chemistry of [131 living organisms. n+10: The chemistry of living organisms such Itsl as? osl A: Animals, plants, bacteria. It's [nl genetally the study of metabolism. us] 0: The study of metabolism? [191 A: Correct. [m] 0: Since I understand that's an im• porrant [ztl thingthat you studied,would you describe [zz] metabolism briefly, please. [z3t A: Metabolism is the process by which the [z4l body maintains its itf tegrity:It generates energy [nl to support itself, it eliminates waste products, Page 24 p) all biochemical or chemical reactions that take [zl place within a living or- ganism. [310: Now,sir,wasthere agroup that you [4] were working in at RJ. Reynolds from 1967 to (5) March of 1970? Did it have a name? tsl A: It was known by us as the smoking and 171 health division - "smoking and health group," lel excuse me. [910: Smoking and health group? [tol A: Corrett. uu 0: I take it yournnin job,then,was in 11:1 the area of the biochemistry of smoking and 1131 health? 114I A: Yes. 11510: Who was your immediate super- visor? The State of Texas v. The American Tobacco Company, et aL usl A: My immediate supervisor was 1171 Dr.Anthony Colucci. na] Q: Would you spell Dr. Colucci's name? h9] A: Go-l-u-c-c-i. [xo! Q: When you joined RJ. Reynolds, sir, [2u did they give you a book or a doctttnentoranything Izzl that contained previous smoking and health 1231 bi- ochemistry research? [:a A: No, they did not. 12510: Did they share with you any R& D Page 25 [u research and development - division of [zl RJ. Reynolds' documents from the 1950s that's f31 dealt with tobacco smok- ing and lung cancer? [41 A: No, they did not. [s1 Q: Sir,would you broadly describe for 161 the jury and the Court the nature of the research m that you were personally involved in while at !s] RJ. Reynolds for two and a half years. 191 A: Our project dealt with lipid Ito] metabolism - that's fats; how they're handled by u u the body,and in what role they played or how that 1121 basic met- abolism was, in essence, affected by [t31 smoking parameters. p410: Howthe bodywas-the body's im functioning was affected by smoking? psl A: Right. 11710: Is that a fair statement? pel A: That's a fair statement. [t9[ 0: What - did you use human beings as Izol subjects of your research or other forms of [211 animal? azl A: We did not use human beings. We used [nl animals. IKI 0: What kind of animals? [ssl A: We used rabbits, predominantly. There Page 26 [n were some mice involved, and rats. [zl 0: Did there come to be known at t31 R J.Reynolds during your two and a half years a 1+1 segment of the smoking and health group or a Is] segment of the Biological Research Division that [st came to be called the "Mouse House"? vl A: Yes. l8] 0: What was the Mouse House? [9] A: The Mouse House was a building off to im the side of the main research facility off Bellows Ilq Street that was used for animal exposures. The 1121 animals were exposed to cigarette smoke in this 1131 building and work was done there-research-type tul work was done there in the area of pathology. im 0: Can you tell us, sir, how'n was you 1161 got a rabbit to smoke cigarettes? In1 A: (No response.) Ite10: By the way, none of these rabbits were U91 known by the name of "Bugs," were they? Iml A: No, they weren [. [m 0: Okay. [zzl A: The animals were preconditioned over Iz3rtime by exposure to cigarette smoke. They were 1241 smoked in an apparatus that initially directly 1251 in- troduced smoke into a tracheal - tn- cheotomy, Page 27 [u directly into the lungs. 12] 0: Excuse me one second. Let's stop with 13] that. [+1 In otherwords,at one time you would [sl do what to the body ofthe rabbit to get smoke Isl into its lungs? rn A: The trachea was cut open and a tube [el inserted and the smoke directly pumped into the 1911ungs1 po] 0: Andhowlongdidyouexperiment with [ttt that type of method? ttzl A: There were a lot of problems with that [t3] method and we worked on it a while tryLtg m solve o+l them-well,the group worked on it a while usl trying to solve the problemand thenthey tried [1s1 other means. tnl 0: They tried what? psl A: They tried other means. u9[ Q: What other means did they next try? [zol A: Inserting a nasal cannula. [ztt Q: What does that look like? [zzl A: It's a small tube that's inserted into 1231 the nose of a nbbit.And the animal is then [zsl hooked up to a smoking mach- ine and exposed that [zsl way, directly through the nasopharynx. Page 28 [tl 0: What is a smoking machine? 12) A: A smoking machine is a device that [3[ draws cigarette smoke from a cig- arette,puts it (+) into a dilution chamber, and then into the rabbit. Isl 0: All right.And by using the tube that [61 you just described through the nose, did you pl expose more than one animal at a tinte or was it [el just a one animalone machine? [91 A: There were setups to do multiple uol animals,as faras the large animals,but they tt[I were expose as individuals. [tz] 0: Okay. Did you progress then to 1.3] another method? [u] A: Other than the smoking au- chines? Itsl 0: No, sir. Other than the tube and the Its1 tncheotomy tube. Page23-Page28 (6) Min-U-Scdpt® 51538 4878
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The State of Texas v. The American Tobacco Company, et aL Page 102 hl to it as the smoking and health unit. That wasn't Izl the name of it, was it? 131 A: It was initially referred to I think 141 as the Biological Research Division but it became Isl known among the people who worked there as the t61 smohingand health group. m 0: That was infotmally? Is] A: That was informally within the group. 1910: That was because some of you did 1101 smoking- and health-related resc- arch? Ittl A: That's correct. Ga10: Now,you mentionedthat sonte of the u3] people there worked on starch- related matters. lta A: Yes. ns10: They worked on glucose and sucrose and ps] various other sugar? [m A: I don't know what they worked on.l ns] took no interest in that. h910: Also there were people working on laol pharmacological matters; is that right? 12t1 A: Yes. lu] 0: Working on drugs? 1231 A: Yes. ron Q: In fact, you were one of those people? lasl A: Yes. Pega 109 In 0: You worked on anti-cholesterol drugs, tzl didn't you? 131 A: Yes. 1410: Antihypertensive drugs, didn't you? [sl A: Yes. t6] 0: And, Mr. Butngarner, there was a fellow ri named Dr. Jack Stromberger from Hatvardwho came le] downtoyour group to give a seminar onpenicillin 191 binding to cell walls in 1969; isn't that right? pol A: I honestly can't remember.I'm [ut sorry. n:l 0: Well, it's a long time ago, isn't it? u31 A: Yes. u+l 0: And memories fade over time? 1151 A: Uh-huh. p6] 0: And yours has faded somewhat over tu>t time? Ital A: As does everyone's. I t9] 0: Some of the things you testified to 120] this morningfrom 30 years ago aren't entirely 1=a clear in your mind; isn't that right? tu] A: Most of what I testified to this 123] tnorning I have clear memory. [asl 0: Okay. We'll probe them part by 1art• Issl A: That's fine. Page 104 m 0: But it's been a long time ago? [2] A: It's been a very long time ago, yes. 1310: Now, when you said earlier that some 141 of the people in Biological Research Division ls] worked on starch matters, some on smoking and 161 health matters, there were also people who worked m on drug matters? Is] A: There was a group, yes. 19] 0: And there were some people like you tto] and Dr. Colucci who worked on more than one kind Iw of matter, right? [ta] A: Yes. It3] Q: Both.you and Dr. Colucci worked both u+] on drugs and on smoking-re- lated matters? lisl A: Yes. [t610: And you knew ali the other peo• ple who [m worked on smoking-relatcd matters, didn't you? Ita[ A: I knew most of them, yes. [t910: When Mr. Motley this morning went tml through the list of people who worked in the ml Biological Research Division and you couldn't inl identify many of them, those were people who [a3] probably didn't work on smoking matters; is that 1241 right? 1251 A: I'm not sure where they worked. I Pego 105 111 just simply can't recall the individuals. 121 Q:Okay.You couldn't even recall the 131 people at an? 141 A: The names are familiar.I just can't isi recall where they worked. I610: Okay.Now, let's turn for a moment to !71 yotulabbooksthat were referred to in this Isl morning's testimony. Did you have lab bcoks at 191 Burroughs Wcll- come? [tol A: Yes, we did. [t110: Do you own them now? Un] A: No, I don't. n3] Q: How come? u+l A: They're the property of the com- pany. I tsl 0: Of Burroughs Wellcome? 1161 A: ButmughsWetlcome. Inl Q: When you were at Reynolds, whose ue[ property did you think the lab notebooks were? u91 A: It was their property. Izol 0: And at the EPA, you have lab [21] notebooks? 122) A: Yes. 12310: Whose property arc thev? Joseph E. Bumgarner November 11, 1996 1241 A: The public's. [2s10: Not yours, correct? Page 106 hl A:1'm part of the public. hI Q: Yes. But they're a government ag- ency? 131 A: They're a government agency. I+] Q: They're not your personal pro- perty? Isl A: They're not mypetsonal property. 1610: Now, it was your expectation when you m came to Reynolds that when you left Reynolds, the rel labor- atory notebooks would remain at Re- ynolds, Ivl wasn't it? [tol A: Yes. [u[ 0: You had the same expectation at 1121 Burroughs Wellcome? 1131 A: Yes. [ts] Q: You would have the same ex- pectation at [tsl any ntanufacturing cottr pany, arouldn't you? psl A: Yes. tm 0: And you were told that the com- pany was ps] particularly interested in anything in those u91 laboratory note- books that might be proprietary [xol that might relate to a patent or to something that htl they didn't want competitors to see; isn't that R21 right? 123] A: I was toldthat those notebooks ual represented some proprietary in- fOt'mation. [n] 0: And you were working on drugs that Page 107 Iq later were patented, weren't you? 121 A: Sir, I worked on one drug and one drug 131 alone. [+I 0: That was later patented; is that Is[ correct? 161 A: I don't know. I have no idea. [710: You never followed what hap- pened to Is] it? 191 A: No, sit, I did not. [to[ 0: You understood that Reynolds was uq considedng the purchase of a pharmaceutical nzl company around - (131 A: That's what - u+l Q: - around 1969? lusl A: Yes,s'tr.That'swhat we were told. us10: Patke-Davis? tn] A: Parke-Davis wasthe companythat was ne] mentioned. [191 0: Reynolds also owned a starch company? Ro] A: I believe it was Penick & Ford. [2t] 0: Around 1970 it had to divest itself of 1221 the starch company? [=3] A: That's my understanding, yes. Min-U-Scdp 51538 4891 (19) page102-Page107
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Joseph B.13umgaraer November 11,1996 Isl JUDGE RADFORD:Go on with your [s1 deposition, please, sir. uo10: (By Mr. Grossman) Now Mr. Bunr garner, im could you tell me what the oxidative inaction of [1:1 alantiprotease is? tt31 A: Not off the top of my had,no.But u+l there is a phenomena in emphysema where the hsl alveolar walls do dete- riorate in a nonfibrotic o61 fashion. That is one of the clinical diagnostic u7l tools using histology. us10: The mecbanismthat you just-the 1191 proposed mechanism that you just read as you said (iol contains no mention of surFicbtnt. [m A: That's correct.At least - 1221 Q: It contains what in the literature is u31 a competing theory; isn't that cor- recti? 1241 A: That would be a competing the- ory, yes. [rn 0: I understand that you have not Page 220 pl followed the literature generally, but you have no 12] basis, do you, to suggest that a competing theory 131 has now replaced the surfactant theory as the most 1+1 likely theory suggested by ex- perts in the field of [silungpathology and lung disase? tsl A: Sir, to reach that conclusion, I would m have to scanthe literature in its entirety and [s1 not one or two pub- lications as you - [91 0: You haven't done that? [ tol A: I have not done that. im 0: Okay. Ig2l MR. GROSSMAN:Your Honor, n31 perhaps this is a good time for a break. pq JUDGE RADFORD:We'll take a im break atthistime.Thank you. We'Iltake a osl ten-tninute break. I think there's some coffee 1171 back in the jury room. [tsl (A recess was taken.) [wl JUDGE RADFORD: You may pro- ceed. trol MR. GROSSMAN:Thank you, your tm Honor. [nl Q: (BY Mr• Grossman) Mr.Bumgamer, are [ail you represented by any lawyer here today? Ial A: No, I'm not. [2sl 0: Have you met with lawyers forthe Page 221 I11 plaintiffs in this case before, Mr. Motley and his t21 colleagues? 131 A: I met with Ms. Flowers before and [sIMr.Motleyon the plane comingdown. [s1 Q: I'm sorry.I couldn't hear you. t61 A: Mr. Motley on the plane flying down to m Beaumont. The State of Texas v. The American Tobacco Company, et aL 1a] 0: On the plane-did you come down by 191 commercial aviation? pol A: He'll have to - it was not a[u1 scheduled airline, no. t121 Q: It was his private jet? n31 A: I have - I don't know. lul 0: Did it appear to be his private jet? [1s1 A: I can't tell you at that time. u6[ MR. MOTLEY:If you want to ridcun on a plane, you're not going to get one from me. [tsl I can't think of a more miserable trip home. [191 Q: (By Mr. Grossman) You came down on a[201 nonscheduled private plane with Mr. Motley? [211 A: Yes, I did. [ul Q: And are you going back the same way? [z3; A: The plans are not definite until this 1241 finishes. [2s1 O:Okay. And you talked with Mr. Motley Page 222 [ n on the private jet coming down here? 121 A: Yes, I did. 1310: And you talked with Ms. Flowers before [+1 that? [sl A: Yes, I did. [61 Q: She's his colleague? ri A: Yes. [s10: When did you first meet with 191 Ms. Flowers? [to] A: Vis-a-vis or talk to her on the [III phone? nul 0: First time you talked to her. n31 A: First time I talked to her was maybe a 1141 month and a half, two months ago, maybe. [tsl 0: And how long did you talk? 1161 A: Twenty-five minutes. [tn Q: What was the subject of your uel conversation? p91 A: The first conversation was about [IOl testifying or giving a deposition here, would I be 1211 willing to. The informat- ion I related to her, i2z that would depend on me consulting with the [231 attorneys at EPA. [24I And she said, "WcU,we can subpoena [2s1 you „ Page 223 ul And I said, "Go ahead, and I'll give 121 them a copy of the subpoena and let them" - [310: She asked you if you would be wiiling [sl to testify and you saidyou d be happy to as long [sl as the EPA agreed? [s1 A: I said I would be willing to if the m EPA attorneys agreed. And if they had a problem [sl with it,thentheywould have to take actions [91 themselves. ttol Q: I see. So you agreed the pttr cedure, h u the best procedure for dea4 ing with the EPA was [a21 for her to serve you with subpoena? 1131 A: I don't agree. I don't understand [t4l even the process.I'm not a lawyer. So the im subpoena was suggested and I said fine. I don't [1s1 know the legal ramifications, really, of a[n1 subpoena, except you have to show up where you're [tsl told. [t91 0: Now you spoke with Ms. Flowers for [10) about 25 minutes. Did you speak with her again? ptl A: I spoke with her on a number of [221 occasions after that, conversations relating- I[231 think a delay or whatever, postponement of [2s[ deposition hear ing, and arrangements had to be 1251 changed, et cetera. So I spoke to her or her Page 224 [ tl secretary - a lot of times it was with her [2I secretary - about the arrao- gements. 1310: Did you talk to her about the subject la[ of your testimony? [s[ A: We discussed my experiences at 161 Reynolds,yes. m 0: How did she get your name? [al A: You'll have to ask her that. Isl Q: Called you out of the blue as far as no[ you know? [tu A: She called me. I don't know how she 1121 got my name. [t310: wlten did you flrst meet her? n41 A: When-face to face? usl Q: Yes. [isl A: She came up to see me about two, three mn weeks ago. usl 0: How long did you meet then? n91 A: For approximately three, four hours. Iml 0: And you discussed your proposcd 1211 tes[imony today? [221 A: We discussedmyexperienceswh- ile I 1231 was working at Reynolds Tob- acco Company. [241 Q: Did she tell you questions you might [2s1 be asked? Page 225 ul A: She asked me questions. [2i Q: Sheaskedyouquestionsandwrote down [31 what your answers were? [+I A: She was taking notes, yes. Isl 0: Did she ever discuss any other [s1 witnesses with you in this case or other cases? m A: No. [s10: Now you met with Mr. Motley on the I91 plane? P1ge220-)P'dge225 (38) Min-U-ScrIpte 51538 4910
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Joseph E. Bumgarner November 11,1996 up•? tml A: Yes. [zq MR. GROSSMAN:Objection, your [ul Honor. I don't know what that refers to. Iz31 MR. MOTLEY: If the witness [x<I knows, your Honor, it doesn't matter whether he [zsl knows. Page 35 iii MR. GROSSMAN:AB right. Why tzl don't you continue. DI 0: (ByMr. Motley) Can you tell me,sir, Is1 do you understand what the term "scientific Isl cover-up" means? Isl A: In my definition of the term, it would m bewhen scientific information is withheld from tsi the scientific conr munity. [910: I want to ask you to assume, ttoj Mr. Bumgarner, that the State has alleged that ttn RJ. Reynolds had covered up impoetant scientific [tzl findings and suppressed information from the [t31 scientific- and pubhahealth community. I'm just [141 asking you to assume we've made that chatge, nsl okay? In the two and a half years that you were nsl there, did you personally observe as an eye- witness pn whetheror not RJ. Reynolds covered up, as you've usl defined it, or suppressed information from the [tsl scientific- and public-health com- munity? [zol A: Yes. 12110: What's your answer? Izzl A: My answer is yes, information was Inl withheld from the scientific conr muniry. 12410: Sir, specifically, did RJ. Reynolds 1251 allow you to publish any of the information you Page 36 nl gained in your two and a half years with them in 121 the scientific literature? 131 A: Absolutely not. I+I Q: They absolutely did not? tsl A: Right. [sl Q: To your knowledge, while you were m there, did anybody working in the smoking and isi health group publish in the scientific literature 191 for scientists to look at, any inforttntion from uol the studies being conducted? Ittl A: No. uz10: They did not? 1131 A: They did not. lul Q: Didyouattendanymeetingsof[tsl scientists from other walks of life while you were (161 with RJ. Reynolds? 1171 A: Yes, I did. Its10: How frequently, sir? 1191 A: One occasion. The State of Texas v. The American Tobacco Company, et aL [zo1 0: All right. And do you recall utl generally when that was? 1221 A: I can't give you a date on it. It's 1231 been too long. u+l Q: Were there scientists there from Izsl companies other than RJ. Reynolds? Page 37 pl A: From companies other than tob acco (21 companies? 13lQ:Yes. HI A: Yes. t510: And, sir, was it company policy, as [61 you understood it from your super- visors, that you m could discuss your findings with scientists who rel were not employed by RJ. Reynolds? 191 A: That was not my understanding; that we uol could not discuss our fin- dings. lul Q: You were not allowed? uzl A: We were not allowed. 11310: W hen you went to a meeting, did you [t41 have certain protocol that you had to follow as nsl far as sharing information? u61 A: We did not share ittformation. We Inl gathered information. nsl Q: You listened but spoke not? It91 A: Right. 12o] 0: Now sir, as a scientist and a 1211 gentleman who's published in the scien- tific [zzl literature, would you take a moment and explain to [231 the jury how scientists communicate one with the [z4] othcrin the United States about findings that [nl they have made? Page 38 lu A: Scientists write papers on their work, [zl they draw conclusions on those papers, they submit 131 those papers by peer review to other scientists in (41 the fitid.Those scientists offer criticisms, 151 critiques,make suggestions,as to further work or lsl work that should be stren- gthened. I7l Thcn thc articlc is thenpublished in lel the open literature in the scientific journal,and 191 at thatpoint it's open to all members of the uol scientific conr munry to critique. [tn Q: Huw does science grow in their [tzl knowledge, sir? Itsl A: By trial and error. [ul 0: If-isit necessarythat scientists Itsl publish both their victories and their etroors- u6l A: Yes. In10: - ftum the trials they undertake? Itsl A: Absolutely. 1191 Q: Now sir, the notcbook -I believe you [aol told me earlier that your note- book had neverbeen [2t1 asked for,taken fromyour possession during the [zzl fust two and a third years of your employm, ent; is [231 that correct? I2q A: That's correct. 12510: That's a fairstatement of what you Page 39 ltl told us? [21 A: That's an accurate statement. t3t 0: Did there come a time in March of 1970141 when your notebook was called for? tsl A: Yes. [610: Would you describe that in your own m words, please? lsl A: My immediate supervisor came down and [91 said the legal department had requested that all uol notebooks be taken up and sent to the legal utl department. [tzl 0: The legal department of who? u3l A: RJ. Reynolds Tobacco Company. 11s] 0: RJ. Reynolds' legal department? 1151 A: Correct. 11610: Priorto that time had you seen any Inl lawyers down there watching what you were doing in nsl the Mouse House or your laboratory? U91 A: Absolutely not. Izol Q: Did anyone ever relate to you that the [211 law department was also part of the science lul department? [z31 A: No. 1241 0: Were you ever given any in- formation to [zsl indicate that the law depantnent were biochemists? Page 40 hl A: No. [zl Q: Now sir, after your notebook was taken 131 from you, what did you do for the next couple of 141 days? tsl A: Well,we continued some work that was [61 ongoing, things that were in process.But aftera pl period oftime, we had to quit because policy [e; being is that all data had to be recorded in the 191 notebooks, not on loose-leaf, and you needed uol reference back to your notebooks in order to pq continue the work,so ultitnatelywe slowlystatted uzl shutting down projects. n310: When the notebooks were first taken lul from you, were you told by your supervisors ttsl whether you would get your notebook back? a61 A: We were told they would be returned nn after the legal department looked at them. [usl O: Now sir, while you were with Il9l R J. Reynolds, was your notebook - and to your [zol personal knowledge and observation,was any of the tztl other 25 smoking and health group employees' Page 35 - Page 40 (8) Min-U-Script® 51538 4880
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The State of Texas v. Joseph E. Bumgarner The American Tobacco Company, et aL November 11, 1996 1310: Mr. Bumgarner, this Exhibit No.12 is 141 a paper byDr. Giatnmona called the "Effects of [si Cigarette Smoke and Plant Smoke on Pulmonary Isl Surfactant," and it was published in 1966. I'd m like to direct your attention, if I may, to the [s[ right-hand column of the first page, the first [9i complete paragraph, begins by saying, "Five dogs, uol 5 cats and 20 Guinea pigs were exposed in vivo in Itli separate cages ina speciallyconstructed plastic u2i chamber to an individual aerosol of cigarette [131 smoke." Do you see that, sir? tt41 A: Yes. I[sl Q: Now,that involved- that study its] involved three species; is that correct? [m A: Yes. psi 0: The 20 Guinea pigs are similar in many 1191 respects to rabbits; is that correct? [mi A: Genetically they're not uu inter- changcable,bm it's - Iwouldn't saya 1221 Guinea pig is related to a rabbit. It's simply 1231 another test animal. 12410:1'hey're animals of similar size? usi A: Guinea pigs are generally smaller than Page 189 u[ the white rabbits we used. a[ 0: Not much smaller, are they? (31 A: That'sa matterof judgmentcall.We (41 had some very htge tabbits. i510: How about compating themto the dogs Isl and cats? m A: Rabbits would be smaller than the tai dogs. In some cases,the nbbitswould be almost [9[ the same size as the cats. pui 0: Dogs and cats are higher order than tia rabbits or about the same? n2l A: Dogs and cats are higher order than o3i rabbits? a+] Q: Higher order? [tsl A: I don't know that that distinction is p6i made. [vl 0: All right.Now,this was a test in [ ts! which smoke - in which animals were given smoke [191 as you gave smoke to animals? [ao[ A: As we administered it? uq Q: They were given whole smoke; is that[ui correct? I=31 A: They were g'n•er, whole smoke it says [w here. 12510: I'd like to direct your attention to Pago 190 ui page 541. The last paragraph, "In Summary," I'll [:1 quote, "Exposure of pulmonary surfactant to t3i cigarette smoke results in a decrease in the [+1 maainnl surface tension. Exposure to smoke from 151 other plant leaves causes a marked increase in the 161 minimal surface tension. These observations m suggest plant smoke exposure would favor the [s] development of atelectasis, whereas tobacco smoke 191 exposure would initiate changes in surfactant poi favoring the development of emphyse- ma." Do you ittl see that? 1121 A: Yes. 11310: And in this published literature from t141 1966, one author said that his study, involving Usl more animals than yourstudydid,showed some 1161 support fora theorythat cigarette smoking could tnl cause the development of emphysa ma through effect ttsi on the pulmonary surfaCtant, eorrect? It91 A: Yes. Im] 0: That's just what you were testing too; un is that correct? [n[ A: That's correct. Keep in mind the 1231 number ofanimals usedis not large in ehheriMicase. tzs! 0: That's absolutely cotrect.I agree Page 191 ui with you. These are small samples in either 121 event; isn't that correct? 13] A: These are small sample sizes in both 14] tests. [s10: AB right. Now - [6i (Deposition Exhibit 13 was marked.) [ai 0: (By Mr. Grossman) Mr. Bumgarner, let i9t me hand you what has been marked for pol identification purposes as Bumgarner Exhibit [ui No.13. Mr. Bunr garner, this is an article called tt2! "Sur- factant in Chronic Smokers" by Drs. Cook and It31 Webb, published in May 1966 in The Annals of n4l Thoracic Surgery, a peer-reviewed publication? im A: Yes, sir. 11610: And this deals,again, with the tn; surfactant theory; is that correct? us] A: I haven't read the document, sir. [t9i 0: If you could look at the - uol A: "Surfactant in Chronic Smokers," the [au title would indicate that it does. [2zl 0: And if you would look at the first i231 paragraph, it says, "Cigarette smoke applied ut[ directly to bronchial wash- ings or to the extracts [251 from minced lung specimens have been found to Page 192 ui reduce the effectiveness of pul- monary surfactant. t21 The present stud- ies were done to evaluate the [3[ sur- factant in bronchial washings taken from 141 chronic cigarette smokers with and without overt Isl pulmonary disease and from nonsmokers with [61 pulmonary disease." Do you see that? m A: Yes, I see that. [si 0: And this was a study that was done on [91 humans; is that correct? Itol A: Yes. ptl Q: Now, I'd like to direct your attent- ion pzl to page 329. It says "Among the many disease" - 1131 this is the first sentence of the last complete n+m p2ra- gtaph. usl "Among the many disease, drug, and tts) environmental factors deleteriously affecting the prl surface tension effects bf pulmonary surfactant is us] cigarette smoke." That's something you were 1191 testing in animals; isn't that correct? [mi A: That's correct. In10: This is what they found in huttr ans; t2zi isn't that correct? R3l A: That's what the article - Iz![ 0: This is in the published literature? usi A: Yes. Page 193 [u 0: This is before you even started 121 working at Reynolds? [3l A: That's correct. 1+10: Who funded this research? Isl A: I have no idea. [6! 0: Let me direct your attention to page I71327,first page.Do you see it says it was "aided isi by a grant by the AMA Educational and Research 191 Foun- dation," sometimes known as the ERF? uoi A: It doesn't say "sometimes known as the u n ERF." It says it was funded by a granted from 1121 AMA. u310: Have you ever heard of the ERF? [141 A: No, I have not. u510: Have you evenccard of the Educ- ation [t6l and Research Foundation? in[ A: I have not. [isl Q: Doctor, did you know when you were at [19[ Reynolds that the AMA Educational and Research !2o] Foun- dation received its funding for these from the [21) tobacco industry? 1221 A: Obviously I didn't, Counsellor. I w1 wasn't even familiar with the ex- istence of the [as! organization. in! Q: AII right. Page 194 tu A: Counsel, may I ask you a question? [2[ Why is there no reference to the funding source [3] being the tobacco companies? 141 : : Well, ifyou look in the AMA ERF tsl documents you ll see where - Isl A: The normal person reading this would m not go to that trouble. is10: I didn't publish it. 191 (Deposition Fxhibit 14 was marked.) lul 0: (By Mr. Grossman) This is Exhibit [t21 No. 14 for identification purposes that I've u31 handed you,Mr.Bumgarner. This exhibit, No. 14, 1141 is entitled 11tin'U'Ser1i 51538 4905 (33) page 189 - Page 194
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The State of Texas v. Joseph E. Butngarner The Ametican Tobacco ComP et aL ~Y+ November 11, 1996 to open the door 1141 and if they want to start using documents out of lisi other litigation that's in confidential or iis] that's- u7i MR. GROSSMANcMay I address us] this, your Honor? 1191 MR. O'QUINN:No. I'm not tm1 fini- shed. 1211 JUDGE RADFORD: If you're going laal to open the doorwith it, I'm going to let it- t=31 MR. GROSSMAN:I'm not planning ue1 to.And if I tttay- as1 MR. O'QUINN: No, I'm not Pags 164 [t] finished sit.I will not interrupt you if you [21 will not interrupt me. 131 Sir - your Honor, it's a slightly t41 different issue. It's not because they produced [s1 them in Florida. In fact, as Mr. Motley pointed tsl out, they refused to produce in Florida. What m they opened the door to is that they used them in Is1 this courtroom to prejudice the evidence inthis tvt pse.Andwe're- all our simple request is that nm this shows the compelling need for this court to Itn say RJ. Reynolds, you will produce not just the ua1 documents you want to show the wimess during [ts1 cross-examination, but you're going to let ttsq Mr. O'Quinn and Mr. Umphrey have all of the [1s1 documents relating to this area of research and Itsl after you futallytatdily-and stretch it out as tn] far as this court will let you-give it to them, ue] then we want a right to preserve the finish of our u91 redirect examination until we can see allofthe no1 documents. 121] And we're saying this - what's 1221 happening today in your courtroom is a thundering 1231 example of why we need an order that they have got [H1 to disclose and we need it nowbecause we have an In1 obligation to this court to prepare for trial. Pags 165 [ti And as you know, there are hundreds of witnesses [21 that we've got to get our arms around. And if 131 we're going to be constantlybarraged with this [+] situation of our witnesses or wimcsses we're 151 involved in cross-examined by secret documents we 161 don't get to look at before the cross-examination, m we're going to have this prejudice occur again and [s1 again and again.And we're saying- -we're just t9] noting-that's my second request. We're just poi noting how you can see with your own eyes, hear un with your own ears, how their control ua1 MR. O'QUINN:Yes, sir. You can tnl have the floor. nsi MR. GROSSMAN: Your Honor, if I Itvl may, I'd like to first address the points that Im] relate to this deposition then my partner, Tom 1211 Fennell, can relate - perhaps make some 1221 statements re- lating to the comments that really [zt] have nothing to do with this deposition at all. 12411 think the record is quite clear that 1251 the documents that I have placed in front of Paga 168 [i 1 Mr.Bumgarnerare the documents that he wrote. 1121 think the record is also clear that during the r3] entire direct examination, I didn't raise a t+] question of confidentiaBry or privilege, and I ts1 haven'tduringmineeither.infaa,l've [si elicited testimony from the witness that he did nl not believe his smoking and health work to be 181 privileged or confidential,and he wasn't told 191 that it was confidential, and he feels free to no] discuss it, and we're discussing it on an open Ilu record. p2i The documents that I - I don't know [13] where the testimony is going for sure, but the u41 documents that I've brought with me and that I've ns] placed before Mr. Bumgarner and those additional I+sl ones I may place before him are prinr arily the hn documents he was the authorof.Ifthere are any [ts] requestsfor documents, they can be made. n91 This deposition was scheduled bythe tm] plaintiffs as a mans of preservingthe man's izq testimony. We were told that he'd be available In1 only today. Now we're told that he may be Iri] available a se cond day for their redirea because 1241 they want extra time to prepare a redirect. I[a1 think it's fine to have a second day if Pags 167 oI Mr.Bumgatnerwants to have a second day. Of [x1 course we'll want to continue our cross on that Is] day too. H] In the meanwhile, we have additional isi questions to ask. I'd like to get on with them. ts1 This is takingfrom our time.And I think that i7] the speech that we just heard had nothing to do [s1 with the deposition,had to do with othermotions 19] that I don't know anything about in this case, but tto] my partner Tom does. I think he may have a couple ht] of statements. u:] JUDGE RADFORD: H you d like 1131 to - have access to the [ao] Minnesota dep ository. And we have the long tzn cor- respondence, and we have filed it ali with your lu] court with your Honor, of all the times that we 1231 attempted to meet with the plaintiffs in order to 1241 work out discoverydisputes. It's all been [3sl briefed asyou know,your Honocl'm not going to Page 168 ui go through all that correspondence. It's a long, [x1 lengthy line of cotres- pondence,attempting to get [31 together with the plaintirrs.They wouldn't get [+1 togetherwith usto workthese problems out. Is] We have offered the Minnesota 161 depository to the plaintiffs. We have offeredthe [7] plaintiffs what we call the "Minnesota selected ts1 set." Ifyou recall, yourHonor, that's the 19] documents that the plaintiffs in Minnesota have [w1 pulled out of all those documents that were put in nu the Minnesota depos- itory, they went through, they Itzt had people go up there and they pulled documents p3l out of all those doc- uments that were put in that 1141 Mur nesota depository that they the plaitr tiffs, the Its] Minnesota plaintiffs, the State of Minnesota, the tisi AG, they felt those were important documents. 1171 That's the Minnesota selected set. [ts1 We offered to produce those down here [t9] in Texas for Texas as well. We stand here today [ml and all we want to here is - all we do hear from ut] the plaintiffs is grandstanding on this issue. We Ixa have gone the extra mile, your Honor, to try to [z31 get documents in their hands. This is an effort 1241 on their patt to waylay and circumvent very 1251 effective cross-examination of Mr. Gross- man with Page 169 hl respect to this witness. I think we ought to [21 continue and get the dcp- osidon over with. 131 If we want to talk about motions to t+] compel,I'd love to talkabout ourmotion to [si compelagainst the State. if we want to talk Isl about woeful document pro- duction, let's talk about m the State. But I'mnot goingto take upthe time Is1 in this deposition for that purpose. i91 MR. 0'QUINN:Your Honor, there uo1 has been nothing presented, number one, to verify iu1 his allegation that he's goingto showus allof n2] the documents that Bumgamer was involved in. 1131 MR. GROSSMAN:I didn't say- over the t1x] documents is giving them a chance to pervert the [t3] system of the development of this ase for trial. 1141 MR. GROSSMAN:Your Honor, is it us1 now my turn? [t4] MR. FENNELL:Your Honor, I want [t.1 MR.O'QUINN:I didn't interrupt [s] us] to be quick because we want to get you. Pay me the similar cottrtesy, sir. on with the p6i deposition. ns1 Now what he's done is cherrypicked 1171 There's a long history, a long history the uri] documents he wants to use. He pslthatyourHonorisawareofaboutour knew he was coming [ts1 to this dep I attempts to n9] have the plaintiffs use or osition to use RJR documents. He Itv1 Mindl-Scrif 51538 4 901 (29) Page 164. Page 169
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The State of Texas v. The American Tobacco Company, et aL UT A: Again, I haven't kept up in the tal literatttre.I would say they lie mostly in the f31 medical community. [410: Who were the leading experts in [sl emphysema in 1980? [41 A: In 1980, I can't tell you. Again, I r7t didn't keep up with the literature afterl left tsl the company. 1910: Who were the leading experts on 1[0l emphysema in 1970? tttl A:1970-I can't tellyou inthe 1970s, t121 because again I left the company, my interests n3] went elsewhere. p41 Q: How about 1969 when you were fully itsl employed by the company? Who were the leading psl experts in the world in emphysema? 1171 A: Well, obviously Senfelli was bec- ause psl of his book on surfacvnt.Again,I can't u91 remembetIt's beena longtime ago, counsel. im 0: The diseases of the lung are called [2tl pulmonary diseases? im A: Obstructive pulmonary diseases. tx310: And lung cancer is a non- obstructive - [2+1 A: It's a nonobstructive form. Yml Q: But diseases of the lung generally are Page 215 lu identify who the leading experts in lung pathology [21 were then? 131 A: Now and then, I cannot. H7 0: Okay. Now, do you view the sur- geon -[s11et me start this again. 161 You said earlier that you have not [n reviewed the surgeon genetal's reports on smoking tal and health since you left Reynolds in 1970? 19I A: That's correct. im Q: Did you n.viewthe surgeon genc- ral's tul reports before 1970? [121 A: No. 11310: Okay So you've never read the [141 surgeon general's reports? im A: I've read excerpts from it but not the 1161 whole report. In10: There have been reports every year, [tsl just about, from 1964 to the present? 1191 A: It's my understanding. [2oI 0: But you've neverread anyof them [m front to back? 1221 A: No. [2310: You've never read any of them at all [:,1 since 1970? [2s1 A: No. Page 214 nl called pulmonary diseases? [11 A: That's correct. ol 0: Specialists in lung disease are cal- led [41 pulmonologists? [sl A: Generally, yes. 1610: In 1969, who were the leading pl pulmonologists in the United States? 181 A: Sir, I can t remember. 1910: Who are they now? ttol A: Obviously I can't tell you. im 0: Do you know who the leading thoracic ual chest surgeons were in the 1960s? p3] A: In the 1960s, no. 11410: Or now? ttsl A: No. Well, DeBakey is pretty good. 11610: That's heart surgery; is that cor- rect? It71 A: But that's a thoracic procedure. [tal Q: As far as lung surgery is con- cerned? n91 A: Lung surgery, I cannot tell you. Rol 0: Do you know who the leading writers in uu the field of lung surgery arc? [ul A: Today, no, I cannot tell you. t2310: Or then? tzsl A: I don't remember. [n10: Howabotnlungpathology?Could you Page 216 ti10: Okay.Tab 21. [21(Deposition Exhibit 18 was marked.) [+10: (By Mr. Grossman) Mr. Bumgamer, let tsl me hand you what's been marked for identification 161 purposes as Bum- garner Exhibit No. 18. nl A: Okay. lel 0: Mr. Bumgarner, did you know in 1984 191 the surgeon general of the United States in his Itol annual report on smoking and health chose to make [tn a special report on chronic obstructive lung nz1 disease? 1131 A: I told you I have not read the surgeon 1141 general's report. Its10: So you didn't know the 1984 dealt with rtm chronic obstructive lung dis- ease? Inl A: No. Us1 Q: And chronic obstructive lung dis- ease p91 is emphysema? [ml A: That is one form of chronic [211 obstructive lung disease. There are others. [u[ 0: The principal form along with chronic tz31 bronchitis; is that correct? a41 A: Bronchitis is another example. Asthma tnl is one.There are a number. Page 217 n10:Andinthat1984report,hasanyone [zl told you-since you haven'tread it,has anyone [31 told you what theory of Joseph & lgttmgarner November 11, 1996 mechanism the surgeon [41 general dec- ided upon forthe link between smoking [s1 and emphysema? 161 A: No, they have not. r10: If I mayaddress yourattention to [sl page little "ix" at the bottom,the surgeon 191 general wmte,'There is now a clear, plausible ttol explanation of how emphysema might result from [ul cig- arette smoke. The inflammatory re- spouse to [721 cigarette smoke results in an increased number of 1131 inflammat- ory cells being presented in the lungs of [t41 cigarette smokers. These cells can increase the usl amount of elastase m the lung, and elastase is [a61 capable of degrading elastin, one of the 1171 struc- tunl elements of the lung.In addition, tial cigarette smoke is capable of oxidative inaction o91 of a l-antiprotease, a protein capable of blocking t2o1 the action of elastase.The net result is an 1211 excess of elastase activity, degradation of [nl elas tin in the lung, destruction of alveolar Irsl walls, and the developments of emphysema," [xl correct? t2s1 A: That's what the article states. Page 218 U10: Not a word in there about sur- factant; [21 is that correct? [3) A: I haven't read the whole article,bnt t+l not in that photognph, no. [sl 0: Okay. [61 MR. MOTLEY:Excuse me, your pl Honor. Is he representing these five pages are [el the ent'vety- six pages are the entirety of the 191 report of the surgeon general on chronic [tol obr structive lung disease? Because my copy has nu about 400 pages in it. Itn MR. GROSSMAN:My copy has 400 1131 pages, too. And if Mr. Motley will represent at tt41 tria! in this case he wiU read the complete text 1151 of every exhibit that he plans to use,Iwill read u61 the complete 1984 surgeon general's report- [nl MR. MOTLEY:That's not my Pal ob- jection. He asked this witness if the surgeon 1191 general's report contained any mention of [mi surfactant, and he gives him 6 pages out of 400 uu pages. [u1 MR. GROSSMAN:I'msure if it 1231 has [u1 MR. MOTLEV:He said he hasn't izsl read it. Page 219 tn JUDGE RADFORD: Continue with the [al deposition. [3i MR. GROSSMAN:You-r Honor, I'm [+I sure that if the surgeon general's 1994 report tsl says that surfactant is the cause of emphysema, [6] Mr. Motley will find that cite and use it at m ttial.I'm- I'm - I'm confident. Miin-U-Scril 51538 4 909 (37) Page 214 - Page 219
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The State of Texas v. The American Tobacco Company, et adA mainstreamsmoke comes in through the mouth, 1331 CotYtct? [D+I A: That's correct. [zsl Q: Andtherewassomepmblemwith rabbit Page 176 [ti noses that were exposed to smoke; is that correct? izl A: That's .righ4 It caused - well, 13t eitherthe insertion of the cannula when we were [+I using the cannula ormaterial from cigarettes Isi themselves caused irritation and later infections. Isl Q: Now humans who smoke do not have an m extensive medical history of similar infection of rsl the nose; is that correct? 191 A: To my knowledge, that has not been im established in any document that I've read.They Int have - px10: That's a rabbit- n31 A: They seem to be somewhat more u+l susceptible to ittfections. im Q: That was a rabbit problem with a 1161 rabbit experiment compared to hu- man smoking? on A: We did not smoke humans, but it was a na] problem with the rabbits. ovi Q: Now, one factor that can conr promise an [ml experiment is animals that are ill; is that [z11 correct? im A: That's correct. u310: Very,very big ptoblem with scien- tific 1H] expetimcntation;is that correct? [ssl A: That is also correct. Page 177 [I10: Now, there was a problem or concern Ix] about the health of the rabbits that were used for i31 yourtests; is that right? q] A: For some of the rabbits, yes. [s] 0: Especially the rabbits used in the 161 later studies; is that correct? m A: Therewassomeprobletaswiththc later Isi studies, but not all rabbits did we have problems [s1 with. im 0: Dr. Colucci was concerned that the im rabbits were coming from nor- thern climates? axl A: I'm sorry? u310: Dr. Colucci was concerned the rabbits utl were coming from northern climates where they had 1151 been ex• posed for long periods and where their [ts[ resistance was down; is that correct? 1171 A: I know there was a point in time we nal switched to Dutch belteds.I don't know what the 1191 pointoforigittwas for Iao10:I see. He decided to switch to Dutch tztl Belgians but you don't know- Izzi A: Dutch belted. u3i 0: - belted, but you don't know the I:+1 reasons for his decision? Inl A: I don't remember the reasons. Page 178 In Q: But you know he did have a concern 1:1 about the health of the rabbits? (3) A: We all did, yes. (+) 0: And you know that there was a concern Isl that if the rabbits weren't h ealthy, if they we re 16[ diseased, it would compromise the entire m experiment? le) A: We felt that the diseased rabbits if t91 they were used in the database would have - they im would have potential problems with interpretation. [ttl 0: And one of the potential pro- blems, ual especially in the lung disease work, is [13i tuberculosis; is that correct? [[+I A: That can be a problem, yes. nsi Q: That would be a significant pttr blem if ns] it existed; isn't that correct? 1171 A: For both the animals and us. pal 0: And, in fact, the rabbits in your most Itvl Important study tested positive for possibility of tml tuberculosis, didn't they? ix1i A: Sir, that only refers to the point [2xl they were exposed to the bacillus.That doesn't [n] necessarily mean they had the disease. u+l Q: They tested positive for having been [nl exposed te mbcrculosis; is that correct? Mia-U-Scri, Page 179 [t] A: That's-some of the animals did,to Ix] my memory. 13] 0: And they might or might not have had [+] tuberculosis. If you let them live longer, you [sl might have found out; is that correct? la] A: They would have - if the infection [7] took hold, then they would have probably developed isl clinical sym ptoms. 1910: Okay. Obviously if they had ho] Tuberculosis, that would compromise the study; is pll that correct? u:] A: Yes. n310: The presence of tuberculous bac- illus Itil would make the study involving rabbits that tested nsl positive unpub• lishable; is that correct? lisi A: Not necessarily. Only if they had (171 clinical signs of the disease.As I said, the na) simple positive test that you're talking about nv) only indicates they have been exposed.It does [zol not mean they have an active fomt of the disease. [xq 0: Did you discuss with Dr. Colucci or 1221 others whether the presence of potential disease 1231 in the rabbits com. promised the expetvnent? Joseph E. Bumgarner November 11, 1996 R+1 A: If the disease started manifesting [251 clinical manifestations we worried about it, yes. Paga 190 it10: And some diseases did show clini- cal [2l manifestations, didn't they? [31 A: That would have been determined by 1+1 Dr.Johnson, and I honestly cannot remember [sl whether they did or not, Is] Q: You didn't test the animals to see if m they had diseases; is that correct? [al A: No, I did not. 191 Q: Other people did that? Itol A: That's right. [tn Q: And if the animals were diseased, then 1121 obviously it compromised the test; is that u3] correct? p41 A: That's right. And probably if they ns] had a clinically active form of the disease, we Itsi never saw the rabbit because there would have been 1171 a human health hazard. pe10: But you don't know; that's 1191 speculation? Izol A: That's speculation. [2n 0: Now, in fact, some of the rabbits had lui pneumonia, didn't they? tn] A: Yes. mi Q: Obviously, pneumonia would compromise [nl the experiment, woul- dn't it? Page 181 pl A: Some of the animals developed [2) pneumonia while being exposed. It would (3[ ultimately compromise the test, yes. 1+) 0: And some did develop pneumonia while [sl theywere exposed,didn't they? 161 A: Some had clinical signs of pneu• monia, m as I understand. is] Q: Now, just for clarity of the record, 191 insofaras yourtests,your experiments were pot concerned that dealt with the hypothetical tjti mechanism of emphysema being caused by Itsi smoke- altered lung surfactant, ultimately the only 1131 animals used were rabbits? [1.] A: Yes. usl 0: Earlier I asked you whether the EPA [ts] requiredtwo speciesto be tested and you said you [171 don't know if they do right now? pai A: I'm not -I don't do that type of It91 work.That would be done in the effects section, taol and I'm not sure what the regulations are. h[I 0: But the regulations are whatever they [sz] are; they're public, aren't they? tnl A: They are public information. Izsl Q: If they say the two species are In] necesaary, then you would see good reason for 51538 4903 (31) Page1.76-Page181
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The State of Texas v. Joseph E. Bumgarner The American Tobacco Company, et aL November 11,1996 [lsi A: We had heard - I don't know exactly [191 when the decision was made, but we bad heard that uo] the deal had not gone through. [2q Q: Also around that time you lear- ned, did ;ul you not, that Penick & Ford, the large starch w] company owned by Reynolds, was being divested, was Iz+l being sold? trn A: That's the situation, yes. Page 238 w 0: And you alsoknowthatwotk done by [ai BRD included work for the starch company, for 131 Penick & Ford, and on pharmaceutical matters; is [4i that cor- red? tsl A: That's correct. [si Q: Now, at the time of your dismissal m from the - from Reynolds, a pro- fessional was isi brought in who deals with transition of workers, 191 is that correct, to help in the announcement? uoi A: Well, the two people who talked to us im were - was Ed Vassallo and Murray Senkus. u=10: Ed Vassallo was the vice president of 1131 research? [[41 A: Again, I don't know his exact title at tts] the time. I'm sorry. [ts] 0: Did lawyers teLLyou thatyou were im fired? [tsl A: Ed Vassallo told us. u9i 0: Is he a lawyer? (zo1 A: I don't know his background. Rt10: Now,when you left Burroughs 1221 WeUconx - in 1973, was it? u3i A: Approximately, yes. 12410: Did you have a-an exit intetview? Inl A: No. Page 239 [tl Q: Do you know what an exit in- terview is? [2] A: Yes. [310: What is an exit intetview as you [<; understand it? [sl A: An exit interview, as I understand it, t61 you sit down usually with the personnelpeople of nl the company and they talk about, in essence, [81 re- placement, future placement, turning over any 191 company property that you haveinyourpossession,uoikeysthatyou may have to doors and things of that ittl type have to be accounted for, doc- uments, et 1121 ceter , et cetera. 1131 Q: Did you've an exit huerviewat [t41 Reynolds? 11s1 A: Yes. (t61 Q: Who conducted the exit inter- view? im A: Mr.Cook,lbeUevc,andl can't-(is] there was one other person and I don't honestly [t91 remember who that was. nol 0: In your experience, lawyers are often (su present at exit interviews; is that correct? [22i A: They can be, yes. [2310: Not only at Reynolds but else- where; is [a+] that correct? tnl A: That's correct. Page 240 u10: And that hasnothingto do with the 121 nature of the research being done but the nature 13] of the employment sit- uation; is that cotrecO Hi A: That's correct. [s10: And lawyers are often broughtin in 161 your experience when there are reductions in p] force, when there are large scale firings? [el A: I'm only familiar with that in the (9] federal government. The answer to that is no. uo] 0: In the federal government? nq A: The federal government, that is not 1121 the case. [t3] Q: You're not familiar with it in private [t4l industry? nsl A: I never went through it in private [[s] industry except Reynolds Tobacco Company. [m 0: Now, Mr. Butttgamer, when you were usi discharged from Reynolds as were the others, the o9] company was generous with you, was it not? Izol A: Yes, it was. 1211 Q: And it gave you access to phone lines [nl and leads for other jobs? [231 A: Yes, they did. Leads to other jobs? [241 I don't remember that. Dr. Colucci helped place [2s] most of the people that worked for him. Page 241 [tl Q: Dr.Colucciwasaireadylookingfor a[2] job with Burroughs Wellcome before the firing (3) came; isn't that correct? [si A: Ifhe was,he did not teU me about ts[ it. 1610: Now when the announcement was made m that the Biological Research Division was closing, [s1 did you protest in any way? [91 A: No.l wasa little too stunnedthat ttol day, ra a 0: WeU,the next day did you protest? mi A: No. I was too busy looking for a job. p31 0: Did you ask RJ. Reynolds to publ- ish n+] the research that you had done while you were at ps[ Reynolds at that time? im A: No,Ididnot.Wehadbeentoldthat (in the laboratory notebooks had been destroyed. [tel 0: Let's go back on that.You say that [19] you had heard that the laboratory notebooks had [201 been destroyed? [2n A: That was relayed to me directlyby [ui Dr. Colucci. i23s 0: By Dr. Colucci? (2a] A: By Dr. Colucci. 12510: Okay.Did Dr.Colucci teU you how he Page 242 [tl determined that the laboratory note- books had been 1=1 destroyed? 131 A: No.I questioned-I didn'tque.ttion [+i him. [sl0:Okay. He passed on to you in- formation 161 from some source or no source that the laboratory m notebooks had been destroyed? [s] A: I assume it was from some source. [9[ 0: But you don't know what the source nol was? u ti A: I don't know what the source was. 11210: As far as you know, it could have been 1131 a rumor sweeping through the scientists; is that 1141 correct? im A: Well, it came from Dr. Colucci to me. psi 0: And - [nIMR.MOTLEY:Exeuse me, your [tsl Honor.The genUeman ought to be polite and let n9i him answer. [m] MR. GROSSMAN: I thought you were [su done. I'm sorry. t22i MR. MOTLEY: No. You stopped him 1e3] in mid-sentence with another quest- ion. 1241 THE WITNESS: My information came [zsl directly from Dr. Colucci. Page 243 [u 0: (By Mr. Cmossman)You don't know any [2l more about it than that? [31 A: No. I just assumed what he told me [+] was correct. I had no reason not to believe him. [sl When the notebooks were taken up,we were told-[61 and this was from Dr. Nysttotq also, that the [7l notebooks would be returned, and they never were. (a10: But the only person who told you 19] about-who suggested to you or told you that the pol notebooks had been destroyed was Dr. Colucci? nu A: To el.e best of my memory, that's where pzi my information came from. u31 Q: And you took it at face value and left 1141 it at that? 1151 A: Again, I had to reason not to believe 1161 it. 1171 Q: Now, in fact, that turned cut to be t[s[ untrue, isn't it? Min-U-scrl 51538 4913 (41) Page 238 - Page 243
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Joseph S. Bumgarner The State of Texas v. November 11, 1996 The American Tobacco Company, et aL [61 JUDGE RADFORD:You may answer. r7I 0: (By Mr. Motley) Is that consiste nt or tel inconsistent with the Philip Morris document I tsl showed you moments ago, Exhibit 5? [tol A: That is consistent. [tn 0: This will be 7. Let me ask you tta clearly, Have you had access to all the documents [t31 that were prepared dur- ing the course of business 1141 whileyou were working for RJ. Reynolds? ns1 A: No, I have not. ps1 Q: Have you had a chance to look at a7n No.7? [iel A: Oh, I'm sorry.You're talking about [t91 the document - [m10: March 7,1969. uq A: The one I was just handed? [ul Q: Yes,sir.Says"InitialAttemptsatlrt] Exposing Rabbits to Whole Cigarette Smoke." Ibl A: Yes. [n] 0: Dr. Johnson is the veterinarian Page 72 tn pathologist who you mentioned ear- lier, correct? 121 A: Yes, he is. [31 Q: Toyourpersonalknowledge,were there 1+1 efforts to have rabbits exposed to whole cigarette [si smoke while you were employed? [61 A: Yes. n] 0: Would you turn over to page 4. tel "Microscopic examination of tissues re- vealed [91 inereased numbers of goblet cells in tracheal po] mucosa. The lungs showed several areas of p il emphysema an alveolar collapse with P11 consol- idation.Btonchial passages were clearin 1131 nearly all cases." Is that the type of reports u+l that were being generated at the Mouse House and ttsl at smoking and health group during the period of p61 time 1967 to March 1970? 117] MR. GROSSMAN:I object to form. Isi Counsel has asked - n9]JUDGERADFORD:You have a Iml running objection, Mr. Grossman, to the form of uq the question and the re- sponse of the answer.You 1221 don't need to make it each titne. txi] MR. GROSSMAN:Thank you. in] 0: (By Mr. Motley) Is that the type of 1251 report generally that was being-this type Page 73 [ t 1 fortmt that was being done where yo u were employed t2l in the late '60s? 131 A: Yes, sir. H10: Now sir, let's try to focus your Is[ attention on December of 1969, okay? Precisely 161 that period of time. You testified previously pl that you were proud of your work and there was an isi excitement in the lab about what you were doing. 191 Were you anxious and willing to do additional [to1 research on animals exposed to smoke? When I say 1 t 11 "you,"I meanyou Joseph Bumgarner. 1121 A: I think the operative term is p31 "anxious." We wanted to get on with it. Et41 Q: What is thr"8" you wanted to get on ps1 with? ttsl A: With the development of clinical signs tnl of emphysema in animals, we wanted to examine the hel lungs from a chemical standpoint to see if we It91 could detect changes in chemical met• abolisminthe tmt lungsthat would relate to the diseased state. 121] Q: And did you have a plan? In other 1221 words, was a game plan created for the next six [23t months or a year at RJ. Reynolds to try to get on [s+1 with that research? [nl A: Yes, there was. Page 74 [t] 0: And did you periodically do that, make [21 calendar plans, that is, the next six months we're 131 going to do this,that, and the other? 141 A: We discussed research goals and [s[ objectives on a daily basis. [sl 0: And was there a planto move to the [7] phase of how cigarette smoke caused damage and [al injury to the lungs? 191 A: Yes. There was a definite move to uol that area. u u Q: Were you hopeful that you would be [1=1 provided with animals and equipment in order to n31 conduct that next stage of the experiment? [t41 A: Most certainly were. [tsl 0: Had you started on that phase of the [161 experiment? [171 A: Yes, he had. ttal Q: Were you allowed to finish that phase? [191 A: No. [mI 0: Why? What happened? What stopped [2[] you? [221 A: We were terminated. [231 Q: Why? What happened? [x1 A: In essence, our laboratory note- books [nl were taken up and shortly thereafter we were Page 75 [al tetminated.Once the laboratory note- books were Izl taken up, work, for all pnctical purposes, or [3] progress stop- ped. r410: With these notebooks, sir, was there a[sj procedure of signature and, if so, what? 161 A: Each page had to be signed and dated m by the researcher using that notebook. [s] 0: And these pages were signed by the [91 person in charge of their own notebook? Itol A: Yes. [ptl0:In your notebook, did you pro- duce n21 information or "data," as scien- tists call it,or [131 observe facts and events in writing in that [t4] notebook? [tsl A: Data was recorded in those note- books, 1161 yes, sir. 1171 0: Andthat-is that the onlyplace nel data was recorded? [t91 A: Data - that was the permanent record [2o[ for data. t2tu 0: That's what you never got back? [zzl A: That's correct. [r310: To your knowledge, were month- ly [241 reportsprepared by yoursuperiors and given to hsl senior management of R J. Reynolds? Page 76 [t] A: That was my understanding, yes. [2] 0: When the law department re- quested 131 these notebooks, were there any legal things in la] there or were they science facts and observations? [sl A: They were science facts and 16] observations. rn 0: You weren't writing down the traffic [el laws or anything, were you? [91 A: No. [[o] 0: In fact, was there anything in that utt notebook that had anything to do wi+h legal n21 things,to your knowledge? [t31 A: To my knowledge, there was none. [w 0: Did you write anything in there that [tsl had legal information in it- p61 A: No. [nl 0: - in your own notebook? [ta] A: No. [t910: Did you wonder why the law department [to] atthe time asked foryour notebook? [2q A: Yes. [2210: Had anybody, any scientist or any [23] president ofthe companyoranybody prior to that [w time come to you and said,"Give me your (251 notebook.l want to study it over the weekend"? Page 77 [n A: No. [210: Now sir, do you know what I mean when 131 I use the word "corporate culture," what the [41 policy of the corporation was, for example, [sl travel, expenses, and things like that? Isl A: I accede to your definition.It's not Page72-Page77 (14) Min-U-Scripl® 51538 4886
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The State of Texas v. The American Tobacco Company, et a1 tasl A: No.l only saw them one time. Page 65 [u Q: What did you observe? Did you observe Izl any change in the weight of the animals or their 131 coats or anything from the exposure to smoke? 141 A: The animals, after prolonged ex- posure. 151 had drastic or definite weight losses that we [61 observed. m 0: Did you observe anything with respect [e[ to the metabolism of the fatty substances? [9] A: We saw changes in metabolism of lipids po] both in surfactant and in lung and liver. Ittl 0: You found changes - damage to the 1121 body? 1131 A: We found changes in metabolism that INl would indicate damage, yes. (sl Q: Did you find-what is cytology, usl first? tm A: Cytology is the study of cell [181 structure. It910: Did you fmd any abnotmal cetl tzo] structure changes from the smoke? Iztl A: As explained to me by Doyle Johnston, 1221 a pathologist, therc were changes. u31 Q: What are the cilia, c-i-I-ia? im A: Cilia are small hairlike projections im in the bronchial portion of the lung that beat and produced by Philip Paga 67 [n Morris and produced from files of Philip Morris 121 and that assume further that Dr. Osdene and 131 Dr. Wakeham, whose names are at the bottom having [il received copies, were senior scientists with Is] Philip Morris in 1969. [6] Do you know what the G7R is? Did you m know that name while you were with Reynolds? isi A: At the time I waswith Reynolds,no, 1191 did not. ito] 0: Okay. Have you learned what CTR is? Itq A: Yes.Through the documents. pz] 0: All right, sir. It's mentioned here im that a Reynolds scientist named Dr. Price spoke 1141 with one of the scientists at Philip Morris and (tsl that quote, "He mentioned doing chronic cigarette psl smoke exposure studies with rats. The animals tttl /cceived up to 500 cigarettes and emphysema was !ls] produced:' I'll ask you to assume that,in fact, n91 this is a legitimate document and that statement tzol was made in it.Okay? Iztl Assuming that to be true, in fact, tzzl during this period of time, were ex- periments being [z3t done at the Mouse House and other places at tz41 Reynolds with cigarette smoke and mice and rats? u51 A: Yes. Page 66 hl move material - foreign material, particulate [z] material, out of the lung. 1310: Did you find any damage or injury to tsl the cilia from smoke? 151 A: In my group, we did not work on that, 16] but I understand there was dliastasis produced. m 0: What is ciliastasis? Isl A: The cilia stopped their action. w] 0: You undetstand that from other senior pot scientists - Itq A: Yes. uzt Q: - showing you that? 1131 A: Yes. 0+1 Q: Senior scientists with Reynolds? Itsl A: Yes. tts10: This will be 5, s'v? Hand that to tn] Philip Morris's lawyer, please. us1 Now, Mr. Bumgarner, were you employed o9] by RJ. Reynolds on December 15,1969? [ml A: Yes. 12110: Prior to yotumeeting my hwfirm, had Izzl you ever seen this document? [z31 A: No. tzs10: I would ask you to assume that it is tzsl what it purports to be, a memo Page 68 u10:And- [zl MR. GROSSMAN:Objection to the [31 form of the question, "mice and rats." If you 1+1 could break it down. With mice or with rats? isi MR. MOTLEY:Theybothscareme.l6] I don't think I'm required to do that. ri JUDGE RADFORD:I sustain your isi objection. 191 Break it down if you could, please, [ tol sir. uu Q: (By Mr. Motley) Were they doing pz] experiments with rats? 113] A: Yes. . (ta] 0: Was emphysema produced, to your psl knowledge in what you saw yourself and what you It6] havc seen in somc of these documents I'm about to u7l show you, that scientists at Reynolds were os] claiming that they saw emphysema from exposure to n9] smoke in aninrals tested at RJ. Reynolds? tzo] A: Yes. tzt10: This will be 6, sir? [zzl Mr. Buttr gamer,I ask you to assume 1231 that this is a document produced by (ml RJ. Re- ynolds. If you look at the front sheet, do (zsl you recognize the names ofanyofthc folks who Joseph E. Bumgarner November 11, 1996 Page 69 Itl wrote the document or receive it? ]z1 A: Dr. Senkus. t310: Were monthly research reports to your t41 knowledge produced by RJ. Reynolds in the late tsl 1960s? 161 A: Yes, they were. m 0: And was thisthe type of ordinary te] report that would be prepared, a report from ro] Nielson to Senkus? pol A: The reports were prepared were sent to [ttl Dr. Nielson and Nielson prepared reports for px1 Dr. Senkus. It310: I see. If you would, sir, please look M] on the second page. Actually let's look at the ns] first page, okay? It says "SmokingRats,° 1161 Paragraph II,downat the bottom. Do you see 1171 that? Itsl A: Yes. u910: Item II.'The chronic exposure of 1201 trats to smoke is continuing." Did I read that Izt] co:rectly? (nl A: Correct. tz3] 0: Then it says "the histology of the [z+l tissues."What is histology? [n] A: Histologyis removal of tissue from Page 70 ttl the body and preparing the tisaue to be viewed on u] slides. 1310: It says,'The histology of the tissues 141 from the rat who had smoked TEMPO cigarettes via tsl an indwelling tracheal cannula," what is that, isl sir? m A: The indwelling tracheal cannula? Is] Q: Yes. ro] A: This is the cannula that was in- serted liol into the trachea of the animal by a surgical nu process. uzl Q: And a machine would smokc cigarettes n31 and the smoke would then be entered into the body lu] of the animal? Itsl A: That's correct. [ts] 0: Okay. And then on the next page they p7l show the results of the ex- amination of the tissue, [ta] correct? u9] A: Yes. Izo] 0: And what is fmding No. l, sir? tztl A: "A diffuse,markedemphysetna [zzl throughout the lungs." [z31 Q: "Adiffuse,markedemphysema 1241 throughout the lungs"? [2s1 A: Cotrect. Page 71 It] 0: Is that consistent with the Philip [zl Morris document that I just showed you that [3] smoking rate had developed emphysema? 141 A: Yes. Is] MR. GROSSMAN:Objection. Mlia-U-Ser'Ptil 51538 4885 (13) Page 65 - Page 71
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Joseph E. Bumgarner November 11, 1996 "Cigarette Smoke and Surfacrant" usl written by Drs. Webb, Cook, Lanius, and Shaw, and Its] this was published in Cigtrette Smoke-I'm un sorry.This was published in 1966? [tat A: That's correct. I tvt Q: AB right. I'd like to direct your [m1 attention to the first paragraph about halfway Rtl down,says "MilierandBond- ttnnt, with two cites,-tut found that cigarette smoke caused a marked [z31 decrease in the surface tension and increase in 12+/ surface"-excuse me - "an increase in surface [n] tension and an increase In surface compressivity Page 195 u] of surfactant extracts prepared from rat lungs.lzl Similarchangeswhich could relate to the t3] pathogenesis of emphyse- ma, were noted in lung 141 extracts compared from rats that had been ex- posed isi to smoke during life." Is that correct? ts] A: That's what the article states. ri 0: And that refers to experiments similar Isl to your own only using rats rather than rabbits? ts] A: I haven't read the article.l don't [tol knowthe means of exposure.You know, we had a ttq rather sophisticated smok- ing machine for the time. u210: Obviously this is one more article [t3] again funded by the American Medi- cal Association [1+1 Edurational Research Fund that deals with the [tsl theory that pulmonary surfactant could play a role tt61 in emphysema and cigarette smoke could have an tn] effect on pulmonary surfactant? nsl A: That's what it seems to indicate, yes. n910: Okay. There was, indeed, a good deal Im] of published literature on ex- actly the area that ntl you were in- vestigating; is that correct? 1221 A: That's correct. Inl 0: And that published literature was w1 around even before you started working on thL~ 1251 issue; isn't that correct? Page 198 ttt A: That's correct. [2] 0: And it continued to be undertaken [31 whlleyouwere wodcingon this;isthat cotrect? 1+] A: I'm not cognizant of that. The [s[ atticlesyou furnished me are from 1966. Two of [s] the articles are by the same authors. t7l (Deposition Exhibit 15 was marked.) 1910: (yMr.Gtossman)Letmehandyou ,tol what has been identified - what has been marked Itt] for identification pur- poses as Bumgarner Exhibit 1121 No.15. Page 195 -1'age 200 (34) The State of Texas v. The American Tobacco Company, et a1 McBumgarner,what is the date ofthis tt3] article? Can you tell? p+] A: Somebody has handwritten in 1969, but ns] let me check. Other than the handwritten 1161 indication, I don't see an indication of the date p7l of publication. [is] 0: AB right. Let me represent to you 1191 that it was published in 1969 in Anatomical.ImlRecords..- . - 12q A: Okay. [u] Q: Now, this is "A Comparison of tr3t Macrophages and Pulmonary Surfactant Obtained from [ul the Lungs of Human Smokers and Nonsmokers by (nl En- dobronchial lavage:" What is endob tunchial Page 197 U]lavage? [2] A: The term is a medical term, but it's 131 my understandingthat endobronchial lavage is (al inserting a lavage tube into the bronchioles of (sl the lung usually using saline to flush it in, then 161 you draw it back out to extract it. m Q: I understand it's not )rourarea of [s] expertise; is that correct? [91 A: Not- Uo] 0: You're not a medical doctor? [tt] A: I'm not a medical doctor. [[2] 0: But it is,in essence,from what you [13] understand, a bronchial washing? [141 A: That's correct. "Lavage" indicates [151 that. [ t6] 0: This indicates the bronchial wash- ings [n] were used to determine effects on pulmonary I t,l surfactant of smoking in humans? (t9] A: The title indicates that, yes. tm] 0: And in fact,in the abstract,the last 1211 sentence it says the findings "may suggest that [u] surface-active material, pulmonary surfactant, is (231 reduced in lavage fluids from smoking"? [b] A: It doesn't say by what means. 1251 Q: Excuse me? Page 198 It] A: It's a statement. It doesn't say by [2] what means or what the cause is. It just simply t3t says it is reduced. 14] 0: They had a finding that it maybe [sl reduced; is that correct? [sl A: Obviously that statement says that it nl is reduced. It doesn't say why it is reduced.It [s] doesn't indicate that the - at least that one [91 sentence does not indicate that lavaging actually uo] was the cause of the reduction. u q 0: You mean that smoking is actually the u21 cause of- n3] A: I don't know.I haven't read the (14t article, Counsel. (ts1 Q: Okay.Well,thiswas a smdy that Its] tried to determine the effect of smoking on p7( pulmonary surfactant in humans; is that correct? ttsl A: That's what the title says, yes. u9t 0: This was done exactly while you were Iml working at Reynolds; is that right? (w A: If the 1969 date that's written in is [utaccurate.yes. (rsl 0: And this work was funded by the (MI tobacco industry, wasn't It? [nl MR. MOTLEY: Objection to the Page 199 [u form. R] 0: (By Mr. Grossman) Could you look at (3) footnote one, please. It says "sup ported by 141 research grants from the" National Institute of [s] Health, "NIH," "and from the Council for Tobacco tsl Research U.S.A." m A: That's what's stated on the doc- tunent. [e] 0: So on the basis of that, it says it 191 was funded by the tobacco industry; is that ttol correct? [t[t A: And the National Institute ofHeal- th. uz10: Both together; isn't that correct? 1131 A: That's correct. n+] 0: And Mr. butngarner, when you were [151 working at Reynolds, did you regularly review the (ts] medical lite- rature to see what was being done in [171 the outside world on pulmonary sur- factant? ttsl A: Yes. Reynolds maintained a pretty u9] good library. t2o] Q: Yeah. They maintained a very good [2u libtary didn't they? t22] A: Yes, they did. 12310: Did you go to that library often to 1241 review what was in the current medical literature 1251 on - Page 200 [u A: I went to the library. I can't tell [21 you the frequency. But we all tried to keep up in 131 the field. t+10: Okay. So this is one of the atticles [s] you would have seen? (61 A: Counselor, it's been a long time ago. pl I don't remember this particular article. ts10:Okay. So pulttwnary surfactant work [91 was in the published literature before you got to [to] Reynolds, while you were at Reynolds, and also uq after. wasn't It? p2] A: Afterwards - I did not scan the p3] literature after I left the company. It was being lul published or~ by a number of Min-U-Script® 51538 4906
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The State of Texas v. Joseph E. Btwtgarner The American Tobacco Company, et aL November 11,1996 [r+10: Did he tell you anything about his hsl conversations with Sam Donaldson? Paga 312 [q A: No. [210: This was right after you were 131 interviewed? [+1 A: This was shortly after I was Isl interviewed. tsl 0: And before the program was broadcast? 18 A: Counselor, I can't remember the exact Isl time frame whether it was before or after. t910: And this was exactly at the time - pol A: He knew about the interview, un 0: He knew about the interview on ABC for [ta PrimeTime Live; is that correct? 1131 A: That's correct. 11410: The interview had not played yet on im nationalTV; is that correct? [ w A: Again counselor, I can't remember the im exact time fnme.I don't think so. us10: And that was exactly the same time I[91 when you read in the press reports that t2o1 Dr. Colucci had been accused of seeking $5 million [2u from RJ. Reynolds for extortion; is that cor- rect? [22[ A: I don't know the date of that press [231 report. t'm sorry. [a+10: That is the last time you've spoken t2sl with Dr. Colucci? Page 313 m A: That's correct. [210: Mr. Bumgamer, you were asked on [31 re-redirect about your failure to approach 141 universities, the gow emment,foundations, or ts[ others in the research that you did at Reynolds. [s[ Do you recall that? m A: Yes. [e10: Even without your laboratory 191 notebooks- which were the property of pol RJ. Reynolds, were they not? nti A: The laboratory notebooks were their n21 property, yes, they were. [3310: Evenwithout the labotatorynote- books, o+] you could recount basically what you had done for Itsl the last two and a half years, couldn't you? pst A: As far as data goes, no. I[rn remember- pa10: As far as the scope of research? a91 A: I can remember to what I testified [ml here today. [2q 0: And- Iul A: And if you notice, today I did not 1231 testify to any numbers or things of that type. 12410: 27 years ago you could remember more [2sl about the work that you had done than- Page 314 tn A: I probably could have, yes. t210: And ifyou thought that there were a 131 great breakthrough, you could have reported it to [41 somebody, couldn't you? [s1 A: Yes. [sl Q: But you didn't think there was a great p[ breakthrough, did you? Isl A: I didn't have the data to support it, 191 Sir. [to10: You didn't think there was a great im breakthrough, did you? 1121 A: I'm sorry. I didn't- u310: You did not think there was a great p4[ breakthrough, did you? tts[ A: Depends on your definition of psl "great." Did I think we had made pro- gress worth [nl continuing? Yes, I did. [ts10: You have told - tt91 MR. MOTLEY:Excuse me, your [m[ Honor. 1211 JUDGE RADFORD: Let him answer. 1=2I THE WITNESS: A great 1231 break- through to me defutes that you have [2a[ completely finished the problem and you publish on [nl a finite set of data that supports your hypothesis Page 315 [tl all the way. In essence, you have proven your [21 hypothesis. That to me is a breakthrough. [310: (By Mr. Grossman) And you hadn't [41 gotten there had you? [sl A: No, we had not. [61 MR. GROSSMAN: I have no further pl questions. ta[ MR. MOTLEY: I have no further [91 questions,Mr.Bumgamer.Thank you for your [1ol time. [u] JUDGE RADFORD:Thank you so p21 much. n31 This concludes the deposition and I [141 appreciate you folks. us[ (End of deposition.) Mi°-uScriI 51538 4925 (53) Page 312 - Page 315
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Joseph E. Bnmgarner November 11,1996 Itoi A: We don't do work on - the only work uti we do on animal species is where we have a problem 1[2] with biocumulation of material within a given 1131 species inthe envitOnlnent,as a plant or animal. 11410: You don't personally do that; is that hsi correct? Itsl A: I don't personally do that? I have Im personally done that. pai 0: You do personally do work an animal It9] species at the EPA? iml A: Well, we test for pollute burdens. In [2q other words, how much of a material is in an Iul animal; is it accum- ulating it in the environment. Irtl 0: You don't do toxicological tests? IKI A: I don't. Toxicological tests are done Ini in the agency, but I don't do them. Page 158 ul 0: And when the EPA does tox- icological tai tests,it requires that at least two species be 131 used and that males and females of the species [4i both be included; is that correct? isi A: You will have to have atoxicologist 161 at the EPA that because I don't do that work. m 0: You don't know? la] A: That is aneffect,andwe don't work 191 in effects. I work in exposure. uoi 0: When you say you don't work in lul effects, you don't work in human diseases? (121 A: No.That's effects. p3] 0: And you haven't worked on what you're u+; referring to as effects on human diseases since nsl you left Re- ynolds; is that right? 1161 A: That's not true. I worked for a while 1171 in the health effects division- 11810: Of what - n91 A: - when I first came to EPA. Ro10: For how long were you there? uq A: In the health effects division? I:zl Approximately four and a balf years. In] 0: Now,when you were at Reynolds, you tKi studied you were saying various routes of [asi administration. People-thc way people breathe PAgo 159 Itt smoke is well known. They inhale smoke when they 121 smoke or when they smoke a cigarene; is that [31 correct? ul A: Yes, Counselor, but we have very tight Isl restrictions on human testing. I61Q:I- m A: As does everybody. Ia10: But one of the problems with animal tsi testing is to find a route of administntionthat Itol somehow mimics The State of Texas v. The American Tobacco Company, et al. what humans do; is that correct? uti A: Is define a model as closely as we can U2i to ntintic. It31 Q: The farther the root of admin- istration tt4i is from what humans, do the less confidence that [tsi canbe placedon the test; is that correct? hs] A: It depends on what the end point is 1171 that you're measuring. If I was measuring pal production of cancer and the roaterial was o9l administered byany route, including skin painting [mi and cancer developed, I would say that that 1211 compound was a known carcinogen no matter what 1221 route it was- [2.310: You didn't work any cancer - [2+1 A: No, I did not, but you asked for an iri] example. Page 160 iii 0: Now, continuing in your months at 121 Reynolds, you continued to work on methods of [3l adminisuation for many months in 1968; is that 14i correct? [sl A: On routes of admittisnation? 1610: Yes. m A: We worked on that, yes.I can't tell Is] you how many months. Ivt 0: And you also wurked on the vehi- cle for I[o] the smoke; is that correct? p ti A: What do you mean bythe vehicle? Itz10: Well, you carried on experiments to [t3i determine if the incorporation of unifotlttly u4] labeled C14 palmitic into different tissues was psi influenced by other compounds present in cigarette usl smoke? [17] A: Yes. tts] 0: What does that mean? 1191 A: That means would the presence of [=01 something like nicotine have an influence over the [2q rate of incor- poration. Izz! MR. MOTLEY:Excuse me, your 1231 Honor. We have been - 1241 JUDGE RADFORD:Are you okay? Do [ai you want to take a break? Page 161 Ia THE WITNESS: It would be nice to [2[ take a break. [3] JUDGE RADFORD: We're going to Ia take a ten-minuted recess and resume at 2:30, u] (A recess was taken.) [sl MR. O'QUINN:Your Honor, I have [7l a request. is] JUDGE RADFORD:Yes, sir. i9] MR.O'QUINN:As your Honor uol knows, but let me put it on record, this lawsuit p t] has been on file for months.I certify as an [12[ officerof the Court this defendant, that's 1131 crossexamining this witness, has yet to produce u+i us one piece of paper that bears on this man's Its1 work at R J. Reynolds or bears on the work of his It61 department or bears on the research and testing of Ini tobacco and health effects. t[e] Nowwe have come down to take this usl man's deposition. We think it's a very important t2oi deposition. We think this deposition is liable to 12q be the real evidence in the case because this man 1221 doesn't live in Texas and we cannot be assured we [zsl can have him here for the September trial. Ixi We're prejudiced in our direct 1251 examination when we don't have the benefit of the Page 162 ul same records that RJ. Reynolds has the benefit 121 of. We're being prejudiced in the 131 cross-examination because we don't know whether i+1 they cher- rypicked the documents that helped them tsi and won't show the witness documents that help Isl us. We're cer- tainly potentially prejudiced, rn We're definitely going to be prejudiced in [el redirect examination in order to show the whole 191 truth,which is what the law is about and the rule [io] of optional completeness is about. [tul I understand the difficulty from the [ta standpoint that they get their right of n31 cross<xamination, and I understand it's been said n41 to your Honor that it's somehowourfauh that [tsl we're taking a deposition in Novemberwithout the 1161 RJ. Reynolds documents. It's not our fault they Irn didn't produce them. I'm not worried about what usi happened in Florida. I want to talk about what [t9] happened in Texas. 120) In light of these circumstances, I'm in[ going to ask the court to entertain two requests. [x2[ Request No. 1:That if they're going to continue 1231 to use documents from their files to crosstxatnine Iul this witness, and maybe even to the point they [n[ have done already but I have to ask Mr. Motley to _ Page 163 til help me on this issue - 121 JUDGE RADFORD:I'mgoingto make [3] the ruling for you. If they use doc- uments - (41 MR. O'qUINN: We want a chance to [s[ see all these documents before we button this tsl deposition up. m JUDGE RADFORD:If they use Is] doc- uments that have been used either in the tv] Florida or in the Mississippi or any other itol litigation, then I'm going to permit y'all to use ptl all of those documents that have been introduced uxl and have been produced,even under their n31 protective orders. If they want Page 158 - Page 163 (28) Min-U-Script® 51538 4900
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The State of Texas v. Joseph E. Bttatgarner TbeAmerlcan Tobacco Company, et aL November 11, 1996 im A: Yes.That's the first dme. ut10: How long was that tlightP p21 A: Two - two hours,a little more than u31 two and a half hours, maybe. [t4l 0: His plane took off from South Carolina usl and came up to get you in North Catolina? 1161 A: I don't know what the point of origin Im was. Picked me up at Raleigh- DurhamAirport. I ts] 0: He was already on the plane? 1191 A: He was on the plane. 1201 0: And so were others with him? 121] A: Only Ms. Flowers, other than the In] pilot. Ir310: Was Mr. Motley and Ms. Flowers - im A: And there was I think a legal Inl assistant. Excuse me. Page 226 w 0: And those three of you(sic)pickcd hl you up in Raleigh-Durham and flew you down here? t31 A: Yes, sir. 141 Q: And in the two- or twoanda-half- hour ls] flight,did you discuss the subject of your [61 testimony today? m A: They were telling me what to expect in tal a deposition hearing, which I hadn't - really no 191 experience with. uol 0: What did they tell you to expect? utl A: To be careful and listen to every word 1121 of your questions. 11310: What else in two and a half hours? u+l A: Answer honestly. We talked about im again my experiences at Reynolds. I had not psl talked to Mt. Motley directly, so he asked a lot 1171 of the same questions that Ms. Flowers did. We t.al went over some of the documentation they had shown u91 me. im 0: So that was the first time that he 12p showed you some of the documents that have been tul marked as exhibits today and - u31 A: No. Ms. Flowers brought those 1241 documents with her. They were in my possession. In] 0: Those were documents - those were the Page 227 hl documents that you had not received in the normal [:1 course of business? 131 A: Some of them were. The monthly report t+l I had received. Obviously the Brubakerreport was ts] done afterwards. I had not seen that until Iwas 16[ shown it. m 0: Do you know who Paul Brubaker is? isi A: Yes. I work with him at EPA. 1910: But you had never seen the Bruba- ker uol report that you rekrred to until it was shown to h tl you by Ms. Flowers? 1121 A: That's correct. 1131 Q: You did not receive it in the normal 1141 course of business of RJ. Reynolds? nsl A: It did not exist in the normal course n61 of business while I was at Reynolds. im 0: And you did not receive it in the ttal normal course ofbusinessthereafterf n91 A: I had no business with Reynolds [zol thereafter. 12110: Now, did Mr. Motley discuss any other tu[ witnesses with you on your trip? [231 A: No. 1=41 Q: Did he tell you how long he expected [251 you to testify today? Page 228 w A: He said that he expected to take about 12145 minutes,andhe could not tell me how long you [31 would take. t4i 0: All right. Did he suggest the Isl questions that Reynolds might ask you? [61 A: Not really. Only from the stao- dpoint m of this is the type of question, but usually he [al was showing an ex- ample and the example may not 191 even pertain to tobacco. It was, in essence, a ttol session to say "listen to everything he says „ ou 0: What did he tell you about p21 speculation, if anything? 1131 A: I don't-I don't remember that we im discussed speculation as a subject. Itsl Q: All right. Mr. Bumgarncr, do you 1161 smoke? 1171 A: No. usl 0: You used to, didn't you? [t9i A: Yes, I did. Ixoi 0: Whern did you stop? [n] A: When I had a heart attack. 12210: And you've not smoked since? 1231 A: No, sir. hal 0: Now, you've never blamed the tobaccotnlcompaniesforyoursmoking habit? Page 229 [n A: I blame myself. I should have known 121 bettet [310: It was yotupctsonal resp-it was t41 your personal choice? 151 A: It was my personal choice to start? [610: Yes. m A: Yes. tal 0: And you've told many people that [s] advenLsing had nothing to do with your smoking; pol isn't that right? I In] A: I can't saythat I wasn't influenced n21 by advertising. I smoked Reynolds' product when I 1131 was at Reynolds because in some cases they were i[a free. psl 0: But it wasn't advertising that got you 116) to start smoking.You told that to many people,1n[ haven't you? nsl A: I don't - I don't know. It could u91 have had an influence, but I made a conscious laol decision to start. I2n 0: And you made a conscious dcc- ision to 1221 stop? 1231 A: Fear is a marvelous incentive. 12410: And when you made a decision to atop, [2s1 you stopped? Page 230 It1 A: It was tough. It was hard. 1210: But you stopped? 13] A: I stopped, yes. 141 Q: Now, Mr. Bumgarner, let's turn to the isi closing of the biologic research division for a t61 moment, if we can. You personallywere not m involved in anyof the decision-making process Ist leading to the closing of the Biological Research [s1 Division or Mouse House as you're referring to it? im A: Absolutcly not. tttl Q: You didn't attend the meetings where 1121 it was discussed whether or not to close the 1131 Biological Research Division; is that correct? [u1 A: We were told the meetings were held in psl a motel in Greensboro. I certainly did not attend Iisl those, p710: You were told they were held in a ttsl motel in Greensboro? Itsl A: At least some of them. tml 0: Who told you that? t=q A: I think Dr. Colucci. Izz] 0: Okay. And Dr. Colucci didn't attend [x31 the meetings either, did he? 1241 A: I don't know. Not to my know- ledge.IS] Obviously I think if he had, he would have known Page 231 tn what was coming. [21 Q: Yeah. And so far as you knoa; and you t31 workedwith Dr.Colucci afteryou left Reynolds as 141 well - [51 A: Yes. 1610: Dr. Colucci didn't attend the meet- ings m on the closing of the BRD, is that correct7 Isl A: Not to my knowledge, no. 1910: And so what - when you heard from Itoi Dr.Colucci that meetings were held at a motel in [ttl Greensboro, that was rumor that he was passing on? 1121 A: I don't knowwhere he got that 1131 information. 11410: There were a number of rumors Mln-U-Scril 51538 4 911 (39) Page 226 - Page 231
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Joseph E. Bumgarner November 11, 1996 on 0: (ByMr.Motley)Didcounselforlti] RJ.Reynolds,whoptovided documents to h31 Dr.Brubaker who concluded that nothing was u+t published in the lite- rtture from the Biological ns1 Research Division, did he give you any document 1161 today, sir, and state to you that that document [17t was a publication of the research you'd been ue] involved in? im A: No, he did not. uo] 0: Now, Mr. Bumgarner, you were asked a uu lot about bugs earlier on today. Do you remember [u] that? [r31 A: Yes, sir. im 0: You were asked what you had not done [z31 before you got to RJ.Reynolds, right? Page 269 (q A: That's correct. [2t 0: Once you got there what did 13) R J. Reynolds ask you to do? 141 A: In essence, I was briefed on the [st work - when I came on board I was briefed on the [61 work that was being done by Dr.Colucci and I was m asked to conduct research into that area. [s] 0: And you did research that bore on 19] human health issues? [iol A: Yes. Itu 0: So you were qualified enough at the 1121 time to do th'e'research Reynolds want you to do? - [t31 A: I was qualified to conduct the Il+l experiments I conducted, yes. os] 0: He mentioned this R & D library that [t61 existed, research and deve- lopment hbrary-, or a n7 library that had information; is that right? ,uel A: That's right. [1910: Did you ever see any of the senior po, non-scientist executives of RJ. Re- ynolds checking [2[] out any of that literature that they had 1221 available? Iz3l A: None that I recognized, no. 12+10: Did you ever see anyof the [2s] RJ. Reynolds executives coming down and asking Page 270 UI you what your opinions were in the late '60s? [11 A: No, sir. [31 Q: Did they ever seem interested to find [41 out from you what you knew at all? [sl A: No, sir. [s] Q: Now, Counsel asked you if any lawyer m with RJ. Reynolds ever told you what you could ta] not say at a scientific meeting. Do you remember [91 that? im A: Yes. u tl 0: Could you say anything at a scien- The State of Texas v. The American Tobacco Company, et aL tific 1121 meeting because of company policy? [131 A: I could ask questions. im 0: Could you tell them what you were usl doing? 1161 A: I was told not to. [m 0: You were told not to? Ital A: I was told not to by my superiors; n91 that I was not to discuss work being done in the [2ol BRD. [:u JUDGE RADFORD:Do you need some 1221 water? [x31THE WITNESS: I've got some. [241 Thank you. [zs10: (By Mr. Motley) Mr. Bumgarner, whether Page 271 [tl you call what you observed emphyse- ma or not, as 121 far as the injury or damage to the lungs of the [31 animals that you saw while you were at Re- ynolds, HI did you consider that im- portant scientific Isl information, sir? [s[ A: I most certainly did. m 0: And you were never, as far as you [e] know - and if Brubaker's right, who's hired by [s] these lawyers, they never published that, did no] they? [t q A: No, they did not. p210: Do you know-did you get the [13] impression that perhaps you were wast- inga lotof p4lyourtimebackthereatthe Mouse House in the ttst late '60s by the questions counsel were asking you [1s1 about the deficiencies of animal testing? n71 MR. GROSSMAN:Objection to the pstform of the question. [191 MR. MOTLEY: I'll rephrase it. [m] Q: (By Mr. Motley) Did you then and do [2I] you now believe animal testing is inappropriate to [22l find out whether and how certain substances cause ]nl human disease? 1241 A: Most certainly. [2s] 0: Do you think it is inappropriate? Page 272 [q A: No. I think it is appropriate. Iz10: Now, Counsel showed you a len• gthy-I [31 don't know if this was marked in the record or I+] not, but you re- memberwhen you were asked about Isl the Dr. Colucci transcript that's about four [61 inches thick, two inches thick? m A: Yes, I do. [e] MR. MOTLEY: May I stand here? I91 JUDGE RADFORD: Sure. [tot 0: (ByMr. Motley) Only copyDo you un have a copy? [ta] A: Yes. It31 Q: All right. Did you know that u+] RJ. Reynolds had sued Dr. Colucci to keep him im from talking to people? ps] A: That was in the newspaper. 11710: And that they got an order from the [te] judge that he could no longer discuss with people [t9] what went on at RJ.Reynoldswhenhe was employed tmi there part of the time? ml A: Yes. tu] 0: Do you know what zone - turn to page [rs1 305. Do you see page 305? Do you see page 305? [zst A: Not yet. Okay.Yeah. Here we go. (2s) Q: There's wotds on that page,aren't Page 273 [n there? 1:1 A: Yes. 1310: Do they mention Jones, Day, the law N] fum of counsel who was asking you questions? [sl A: Yes. Jones, Day, Rose & Polk. 1610: They mention on line ten this p[ gentleman named McDermott? Ie] A: Yes, Bob McDermott. [910: And his name appears also on po] Dr. Brubaker's report, doesn't it? uq A: Yes.Robert E-R.EMcDetmott,uzl Esquire, lmpared for. p310: Okay. Look at page 306. What do you 1141 see there? im A: Blank. ns] Q: Nothing there? p71 A: No. pa1 Q: What about 307? It91 A: Blank. 1zo1 Q: How about 310? [2tl A: Looks like they're blank.Yes. [221 MR. GROSSMAN:YOur Honor, these [a3] questions are rhetorical. If Mr. Motley would [a+l like to obtainthose questions- those additional [2sl pages, which I have and could show to the court in Page 274 [ t7 camera, all he needs to do is move the court where [:1 the Colucci action is pending to obtain those [31 pages. lal MR. MOTLEY: Your Honor, he Isl in- troducedthis documented in yourcourn room. I[6] would like to see copies of those pages in your l71 courtroom. le] MR. GROSSMAH:This is public [9] re- cord.This is all I'm allowed to ptoduce. uol MR. MOTLEY:The public record is [tq a document he showed this gen- tlemen,your Honor.ltz] He showed him half a page and now - he's now -[131 there are dozens,CiteraUyscoresofpages in im here, Judge, that are completely bank including 1151 questions where Dr. Colucci is asked about his Itsl opinions on whether cigarette smoking causes human 1171 disease. Page 269 - page 274 (46) Min-U-Scripi® 51538 4918
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The State of Texas v. The American Tobacco Company, et a1 $5 301:14,19; 312:20 1 1 18:11; 70:20; 86:7; 117:12, 23:118:4;144:2; 162:22; 307:20 10 94:16; 143:1, 5 1012 14:7; 16:13 11147:20,23 12 174: 11; 187:22; 188:1, 3~ 13 191:6,11 137 264:10,16; 267:15 14 194:9,12,13 15 66:19;196:7,12; 201:21 16 201:17,22 17 200:16; 209:24; 210:4 18 216:2, 6 180 262:24 19 246:23 1950s 25:2 196gt: 69:5; 214:12,13; 258:11 1962 210:17 1964 82:13; 84:20; 87:6, 15;185:4; 215:18 61:23; 79:25; 249:13; 277:2 1993 249:13; 301:9 1994 219:4 1996 44:2; 212:13; 275:18; 277:10 1:0090:25;91:1 1:30118:3 1:32120:4 2 218:13,14; 83:24; 85:16, 23; 94:11; 111:4; 144:19; 147:1; 245:6; 307:24 20 47:16; 188:10,18; 287:10;297:10 208 120:8, 15;122:14 21 216:1 24 246:23 25 40:21; 43:21; 223:20; 275:11 26 31:9,12; 47:2; 49:4, 5; 50:2; 56:3; 252:15; 284:15 27 252:13; 253:3, 23; 277:15; 313:24 29 247:25 2:30 161:4 J 1965 22:10; 81:21 1966 184:5;188:6; 190:14; 191:13; 194:17; 196:5; 211:6 1967 21:19; 23:3; 24:4; 3 46:10; 203:22; 253:7; 284:13 30 81:21;103:20; 278:14; 307:21 30:11; 53:13; 62:4; 63:19; 305 272:23, 23, 23 72:16; 78:22; 98:4 306 273:13 1968160:3 307 273:18 1969 66:19; 67:5; 71:20; 31 94:17 73:5;103:9 ,107:14; 1 310 273:20 132:19,19;142:3;144:16, 16;196:14,19;198:21; 327 193:7 213:14; 214:6; 266:7 329 192:12 1970 23:4; 24:5; 30:23; 34 86:7 31:17, 24; 34:2; 39:3; 41:9; 3rd 203:25 47:5; 52:17; 56:9,17; 57:13; 63:20; 64:24; 72:16; 77:10, 20, 25; ~ 78 82 23 89 12 : ; ; :3; : 107:21; 108:2; 148:6,7; 4 55:18 20; 72:7; 111:8; 149:19; 207:23; 213:10 , , 208:17; 248:14; 285:1 11;215:8,11,24;275:21; 276:13,20, 20,24; 277:6; 400 218:11,12, 20 278:14; 284:16; 291:4, 23 45 228:2 1970s 213:11; 268:2 1972 203:23, 24; 279:7 5 1973 238 22 : 1974 88:16 5 66:16; 71:9;140:21, 24, 1980 211:6; 213:5,6 24;146:18;188:10; ' 1984 57:10; 216:8, 15; 253:14;254:6;255:22 217:1; 218:16 50-page 248:25 1985 79:9; 263:8 500 67:17 1992 41:15; 56:3, 20, 21; 541 190:1 G 6 7:14; 68:21;171:20, 24; 218:20; 254:20; 255:23; 256:4 60 297:20, 22; 298:16; 299:19 602 73:2; 268:2; 270:1; 271:15 67 21:18 68 34:2 69 34:2; 266:20 / 7 71:11,17, 20;142:3, 3 7/1/69144:21 70 266:21 72 266:22 0 8 82:6, 10; 120:9; 122:14; 1393,20 7 9 87:17 90183:16 90s 55:6 96CV91 7:6 A A-Plan 143:25 a1-antiprotease 217:19; 219:12 A4 56:6 ABC 312:11 able 13:13; 41:11; 151:21; 278:17; 297:19 abnormal 65:19 above 15:20 Absolutely 36:3, 4; 38:18; 39:19; 78:24; 101:13; 113:21; 119:23; 135:8; 136:3; 190:25; 230:10; 232:13; 266:9,11; 307:1, 3 abstract 197:20; 205:11, 20 abundantly 170:2 academic 187:7; 210:17 accede 77:6 accept 211:14 accepted 81:10 access 71:12; 121:13; 136:25;137:2,4;167:19; 201:9; 240:21; 246:1; 263:19,21 acoidentally 43:9,12, Min-U-Script® 15; 79:21; 249:4 accommodate 17:5 accommodations 77:11 accordance 170:7 according 267:4 accounted 239:11 accumulating 157:22 accurate 39:2; 88:18; 198:22; 249:8; 254:19 accurately 18:17 accused 92:3; 301:16, 20; 307:7,10; 308:22; 312:20 achieved 150:2 action 66:8; 109:22; 126:15; 217:20; 274:2 actions 223:8 activa 179:20; 180:15 actlvity 217:21 actual 299:8 Actually 69: 14; 109:22; 126:2;198:9,11 Adam 140:11 addiction 298:24, 25; 299:2,3,4,7,11,13,17; 300:2,6,19;309:12 addlotive 282:14; 283:3. 12 addhion 217:17 addhional 60:18; 73:9; 166:15; 167:4; 273:24; 276:13 address 7:13; 14:5; 116:3,4; 138:22; 163:17; 165:19; 217:7 addressed 183:17; 186:25 addressing 116:7 adequacy 30:16; 285:9 adequate 30:22; 62:8 adjourned 90:25 administer 14:25 administered 152:7,14; 155:5; 159:19; 189:20 adminlstration 155:1; 158:25; 159:9,13; 160:3,5 admh 245:8 admits 121:2 advance 117:5 advanced 19:7; 233:17 advartising 229:9,12,15 advise 91:25 advised 17:15; 91:5 advieing 84:9 aerosol 188:12 affect 126:17;130:5; 131:2; 136:9 affected 25:12,15; 130:3 affecting 192:16 affirm 15:2 afield 84:23 afternoon 116:21; 117:6 Afterwards 200:12; 51538 4926 Joseph E. Bumgarner November 11, 1996 227:5 AG 168:16 again 9:18; 15:16; 32:15; 41:9,11; 92:22; 94:16; 111:4;120:10;133:6; 147:25;154:5;165:7, 8, 8; 183:7; 191:16; 195:13; 205:5, 23; 212:20; 213:1, 6,12,18; 215:5; 223:20; 226:15; 236:21; 238:14; 243:15; 245:12,18; 247:8, 22; 249:23; 253:21; 258:2; 267:16; 289:24; 297:23; 299:11; 312:16 against 33:22, 23; 89:7; 169:5; 280:11 age 15:19; 299:24 Agency 14:13;16:18; 18:8; 20:19; 89:4; 93:13; 106:2, 3;157:25; 293:5 agitated 29:9 ago 41:12; 50:2; 71:9; 87:1; 92:22, 25; 99:15; 103:12,20; 104:1,2; 113:17; 114:13; 200:6; 202:10; 213:19; 222:14; 224:17; 233:10; 248:1; 251:14; 252:13,15; 253:3, 23; 264:7; 287:16; 293:25; 313:24 agree 57:11, 21; 58:18, 19; 59:16, 20;136:8; 190:25; 223:13 agreed 11:17; 88:19; 91:14,16;223:5,7,10 agreement 11:24; 12:7; 53:14,19; 54:14; 55:2; 81:16; 83:4 ahead 57:19; 223:1; 237:16; 302:6; 305:7; 306:17;310:13 aided 193:7 aim 131:21 ain't 170:23 air 129:20, 25;130:25; 156:21, 22; 157:3 airiine 221:11 Airport 225:17 Alex 86:11 allegation 169:11 alleged 35:10 allotted 12:10 allow 35:25; 116:13,15; 137:2; 143:19; 156:8 8110wed 7:21; 28:22; 37:11,12; 45:8,15; 74:18; 90:8; 91:8; 116:8, 23; 182:18; 232:14; 260:2; 274:9 almost 86:7; 189:8 elone 107:3 along 216:22; 291:4 already 139:1; 162:25; 225:18; 234:5; 235:8; 24 1: 1; 295:23; 297:13 aRer130:24 (1) $5 - alter
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Joseph E. Bttmgarner November 11, 1996 versities Page 29s [tl or colleges? [:I A: No, I did not. [310: Did you go to the - you worked at F+1 the - for the United States Gov- ernment. Did you [s1 go to any agency of the United States Government [61 to tell them what work had been done on smoking t71 and health at Reynolds? [sl A: No, I did not. 1910: Did you go to any private foun- dations pol to tell them what work had been done on smoking [tu and health by Reynolds? 1121 A: No, I did not. u310: You didn't go to anyone;is that [t41 correct? usl A: That's correct. 11610: But you were under no obligation not pn to; isn't that correct? [tal A: None that I knew of. [1910: Okay. Now, Mr. Bumgarner, you were [ml asked whether IVR executives asked you your 1211 personal view on smoking and health. Do you lul recall that? [z31 A: What do you mean by executives? [2+I 0: Mr. Motley jttstasked you a few [asl minutes ago whether the executivcs ftom Page 294 [tl R J. Reynolds ever came down to talk with you [:I about yourvicw of smoking and health. 131 A They did not. [+I Q: You were a junior chemist, right? [s] A: That's correct. 1610: You were the bottom rung of scientists pl at Reynolds; is that correct? [sl A: Of professionals. [91 Q: You don't know - you didn't cvcn know [ tol the executives; is that correct? [i tl A: Only one. p2l 0: Who was that? 1131 A: Collin Stokes. u+l Q: Andyou methimata dinnerparty or psl cocktail party or something? 1161 A: I met him on his farm. [nl 0: On his farm. But you didn't know the aal other executives and you cer- tainly didn't know 1191 them in your professionai capacity; is that [2ot correct? 121] A: That's correct. [2210: On the other hand, the heads of your t=31 division did know the execur ives; is that right? [241 A: I assume that they did. [2sl 0: And you have no reason to believe that The State of Texas v. The American Tobacco Company, et aL Page 295 [u the executives of RJ.Reynolds didn't talk to the [21 heads of your department about smoking and health [31 and other scientific matters, do you? [+I A: No.I have no teason to believe that [sl they didn't talk. [61 Q: That think didn't? m A: That's right. [al 0: You assume that they did talk? 191 A: I assume that they did talk, yes. [tol Q: Now, you said earlier - you were [w asked earlier about risk factors for heart disease uzl and you were told that your smoking was a risk U31 factor for continued hear disease? u41 MR. MOTLEY: Object to the form psl of that.That's notwhat he said atall,your [ISl Honor. He's misstating what the witness - p71 MR. GROSSMAN: I'll rephtasc the usl question. p91 MR. MOTLEY: He didn't mention - [2o1 the words "risk factot" did not escape [:u MR. GROSSMAN:I'm happy to [ul rephtase the question. [z3[ MR. MOTLEY: He already had a[2+1 heart attack. [zsl 0: (By Mr. Grossman) Do you recall that Page 296 ul you testified earlier you had a heart attack in [2[ response to Mr. Motley's question? t3[ A: Yes. [q 0: And your doctortold you to stop [sl smoking? [6[ A: Yes. m 0: Now, there are other life-style isi behaviors and conditions that relate to heart t91 attacks as well; is that correct? pol A: That's correct. utl 0: Onc is lipids,yourarea of study; u21 isn't that correct? 1131 A: That's correct. [[41 Q: The higheryourlow-densitylipo- Itsl lipids, the greater the risk of heart disease? [t61 A: Of heart disease and stroke, yes. [rr10: And stroke. And so your doctor told [tsl you to get down your chole- sterol? nvl A: I was on a diet that was a[ml low- cholesterol diet. [2t10: Put you on a special low-chole- sterol (z21 diet to keep your cholesterol down? [23) A: Yes. [2s10: Weight is directly related to heart [=s1 disease, isn't it? Page 297 nl A: It's directly related to lipids. t210: To lipids and to heart disease? [31 A: And to heart disease, yes. [41 Q: Both are directly related to heart [sl disease; is that correct? [61 A: Correct. m 0: To the extent that your weight exceeds tal the weight of the average person, particularly if [pl it exceeds the weight of a person of your height ltol by 20 percent, that is a great risk factor? pq A: That's considered a risk faaor. 11210: And it's certainly a strong risk [131 factor for someone who's already had a heart [t91 attack? [ts1 A: Yes.Ycs. 1161 Q: You were told by your doctors to lose [171 weight? [1a1 A: Yes, I was. u910: Were you able to? [ml A: Yes, I lost 60 pounds. [211 0: Do you want to lose more? [221 A: I'd like to lose the 60 pounds I[231 gained back again. [2tl 0: Now it's been harder to keep off the [xsl weight than to stop smoking, hasn't it? Pa~M 298 nl A: Well, I was successful at doing one [sl and I was not successful at doing the other. rsl Q: You were successful at stopping w smoking but you were not successful keeping off [5) the weight? [61 A: They were both hard. Believe me, n1 Counselor, they were both hard. [sl Q: I understand that. But I'm saying you [91 were successful at stopping smoking permanently pol but not suc- cessful at keeping off your weight uq permanently? [121 A: And that is because I was told by my [131 physician that smoking was the principal cause of 1141 my- [ISl 0: But you were not successful at keeping 1161 off the 60 pounds; is that correct? [nl A: That's correct. I was not. I didn't psl gain it all back, but I gained some. u91 Q: Now, Mr. Bumgarner, you have never [20l been an expert in or studied behavioral science; [211 is that correct? u21 A: That's correct. ;a310: You were asked questions about 1241 addiction earlier. You have never studied [sl addiction, have you? Page 299 [tl A: No, I haven't. [21 Q: Could you define addiction? Page293-Page299 (50) Min-U-Script® 51538 4922
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Joseph E. Bumgarner November 11,1996 208, begiming at 191 line 8? [tol MR. MOTLEY:Your Honor, again, [tq my objection is he's given him things where they uil redacted parts of this tnnsaipt.The page right h31 before the one he wants him to talk to has a - u+1 onethird of the page has been redacted. How can psl this man possibly know what precedes page 208 of a 1161 doc- ument he's never seen before that was obtained 1171 in some private proceeding that RJ. Reynolds na[ engaged in, that this witness has nothing to do p91 with, that the State of Texas has nothing to do [2ol with? The face ofit says RJ. Reynolds versus [2t] Anthony Colucci in Forsyth County in North [221 CaroRna. Has noth- ing to do with the issues we're Ijsl here about. We haven't seen it before. We don't im know what this is. I'm sure the wit ness has never [nl seen it.lf h e's never seen it, how can you Page 121 Iq possibly cross-examine somebody from a document 121 that he admits part of which has been taken away [31 from this witness at the request of someone who's 141 not even here? tsl MR. GROSSMAN:To avoid any more 161 of this, can we just grant a continuing objection m to the use of- [sl MR. MOTLEY:There's no way to [91 cure this, Judge. He's confronting him with - [101 JUDGE RADFORD:I think if you're utl confronting him with matters that he's not privy [pzl to and he can't see or understand and has no n31 access to, I don't see how you can permit this Its[ witness - or ask this witness to answer questions im from just partial - to be honestly and tair -[ts] honest and fair with the guy, he's entitled to an tm optional completeness rule and that is to see that tts] which goes in front of and behind his testimony. 1i91 MR. GROSSMAN: Your Honor, I have [2ol and I can produce in camera the remainder of the Iw testimony. And I think your Honor would see quite [n1 clearly that there's nothing conflicting with what I2tt I'mgoingto showhim.The simple question is w] Dr. Colucci was asked under oath whether the Ini fruits of his work on inhalation studies were Page 122 nl confidential. 121And he said, No,I presented them in t3t open meetings. 141 And he was then asked,And Reynolds tsl did not take any steps to try to prevent you from 161 discussing them publicly? m And he said, No. [s[ JUDGE RADFORD:I'll let you ask [91 him those questions. 110[ MR. GROSSMAN:That's all we're Ittl The State of Texas v. The American Tobacco Company, et aL talking about. 1121 Q: (By Mr. Grossman) Now, Mr. Bum- ga tne r, 1131 co uld you turn your attention, please,to page [141208, beginning at line 8. Do you see that ns[ testimony? [tsl A: Yes. u71 Q: Does that refresh your recol- lection ua] that Dr. Colucci came to open meetings and tt9i discussed the inhalat- ion work that you were t2ol reporting to him? [2u A: I have no knowledge of that. [n10: Okay. But you don't dispute it, do 1231 you? [b[ MR. MOTLEY:How can he - I[2s1 object. How can he dispute something he has no Page 123 ul knowledge of and the page before is redacted? 1210: (By Mr. Grossman) You don't dis pttte [3[ it, do you? 141 A: I just simply have no knowledge if Isl it. I'm sorry. [s10: You have no knowledge one way orthe m other? [al A: I have no knowledge that he pre- sented [91 anypapers andthere is nothing here saying pol anything about what time frame we're talking [iu about. Did he present this after he left Reynolds U21 Tobacco Company? You know, there's nothing here 1131 to tell me what we're doing. lta] Q: Do you recall during the time when you im were employed by the Biological Research Division ps[ Dr. Col- ucci presented to the Tobacco Chemist tn] Research Conference? list A: I'm sotry, I did not attend the p9] conference, so I don't know what was prescnted [zul there. uu Q: Thank you. So you don't know what 12a1 Dr. Colucci commented on and you don't know [231 whether or not it dealt with the smoke and health [x] work you were doing? [251 A: Generally at scientific con- ferences Page 124 [n there arc proceedings kept of those conferences.l2] There should be some re cord ofthe conference 131 proceedings about what was presented. [91 Q: And that would be - [s1 A: I would have no firsthand know- ledge ts] unless I had a copy of the proceedings or I p[ attended the con- ference. [el 0: Have you also at any time under- taken a[91 review to see the times in published litenturc Itol when the work of the Reynolds scientists was cited Ptl by others? p21 A: No. U31 Q: Are you familiar with the name Ernst n+l Winder? ps] A: Winder & Hoffman? Usl 0: Yes. Inl A: I'm familiar. Itel Q: Windcr & Hoffman and many other [t9l publications. uol A: Yes. [zn 0: He's an imminent smoking health [u[ scientist; is that correct? [rtl A: He works in the field, yes. [KI Q: And in Winder& Hoffman,are you Ixs[ familiar with the article entitled "Tobacco and Pags 125 [tl Tobacco Smoke"? izl A: I'm familiar with the article. Is[ Q: Book. Sorry. [41 A: With the book. It's a major ist publication. [s10: One of the major publications - v1 A: Of its time. [sl Q: What time was that? 191 A: I'm not certain when the pub- lication [tal was done. uu Q: Published at around the time when you n21 came to Reynolds, wasn't it? [131 A: It was in that era.l was familiar [tat with the document. usl Q: And didn't that book note the [1s[ impottant contributions of the research [nl laboratories of RJ. Reynolds Tob- acco? nst A: In what areas? p9] 0: On the natural•occtrrittgtobacco [ao] components and specific tobacco constituents? Ru A: That was notbeing done bythe [nl Biological Research Division, sir. t2a10: Being done by research and devc lopment t=+I but not by your- [n[ A: Not by our division, no. Page 126 [tl 0: Now, let's turn to the scope of the [zl work that you actually did when you were at the 131 biological research, if we may. As you said, your H] job at RJ. Reynolds was your first job involving [sl human health; is that correct? [61 A: Myfnst job out ofgraduate school. pt 0: It was yo•,u first job at all,wasn't [sl it? [91 A: Yes, sir. [ to10: And what you were probing when you Ittl were looking at smoking and health was what's been nz[ referred to as mechanism; isn't that right? 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Joseph E. Bumgarner November 11, 1996 handlittg? m A: That's correct. 1910: And that dealt with dissections of rol rabbits, mice, and rats? [tol A: That is also part of the metabolic un studies. p:10: That was for all biological pto- grams? Itjl A: That was for all -biological pro- grams, 1141 but predominantly for met- abolism studies. usl 0: Then it says "development of lung 1161 lavage techniques." What does that mean? [ rn A Lung lav.ge is how we remove th e tts] surfactant. The surfactant was wash- ed from the 09] lungs by lavage tech- niquc after sacrifice. [aot Q: Sacrifice is slaughter, killing the utl animai? [221 A: After sacrifice. [r31 Q: You don 't like the word? tKl A: Don't like the word "slaughter." [nl Q: Killing thent0 Page 146 [n A: Ycs. u10: Okay.After you sacrificed or killed t31 the animals as patt of the experiment, you were H] developing a method of washingthe lungsto get isl the lipids off? [61 A: Yes. PI 0: And that's what this relates to? [.1 A: Yes. 1910: And that was part of your lipid study nol on smoking? ttu A: That pcttaincd to smoking and health. nt] Q: Now, that was not an experiment to 1131 determine mechanism but, rather, was an expert to p41 determine a tech- nique that could be used later for psl hypotheses on mechanism? u61 A: That's correct.That's what this p71 report - ual 0: No. 5, Development of TLC pro- cedure 1191 for neuro [sic] phos- photipids, that's also - [201 A: Counsel, that's neutral 1211 phos- pholipids. In10: I'm sotry. But that also was a tz31 development of procedures; is that cor- rea? R+] A: That's correct. t2s1 Q: Now, I'd like to direct your attent- ion Page 147 [n to page 2. You also listed "become familiar with I:1 enzymatic analysis tech- niques in order to assist [31 Dr. Colucci"? [+1 A: That's correct. The State of Texas v. The American Tobacco Company, et aL isi 0: That's because given your educ- ation up [61 to that point and yourtraining up to that point, pl you were not familiar with enzymatic analysis [s] techniques? 191 A: That's not true. I worked on en- zymes pol while I was in graduate school. utl 0: I'm sorry.I can't hearyou over the [t71 conversation. 1131 A: I worked on enzyme assayswhile I was lisl in graduate school. [tsl 0: Okay. But you needed to become more 1161 familiar with that? [nl A: As we were going to apply h to rta] analysis of phospholipids. [t91 Q: Okay. Now- [2o1(Deposidon Exhibit 11 was marked.) [2zl 0: (By Mr. Grossman) Mr. Butngarner, let [231 mc hand you what's been tuatked as Exhibit No.11. [2+1 Mr.Bumgarner, can you identify this document? [2s1 A: This is, again, a Career Deve- lopment Page 148 ul Plan. tzl 0: Whose handwriting is it? [31 A: That's my handwriting. t4l Q: And you wrote this document? [sl A: Yes, I did. [61 O: This was the period from January 1970 pl to )uly 1970? [sl A: That's the date - [9) 0: Yes. uo] A: - which is typed in. utl 0: You were employed by Reynolds only for t1x1 a period during that - 1131 A: Yes. That's comct.But this was to [1+1 be a five-year development plan that did not go osl five years, obviously. p61 Q: Now I'd like to direct your attent- ion [rn to the "Goals" section in the left. First was to tls] "develop an analytical method forthe analysis of n9] nicotine in urine:' t2o1 A: That's correct. t2i1 Q: You were still on a five-year goal 1221 plan working on analytical methods; is that lrsi correct? tm1 A: Well, for that particular project, [asl yes; for that particular portion of a project. Page 149 ttlQ:And for - you were for other portions [2) of the project too; isn't that correM? [3] A: The development of a method for the [+1 analysis of nicotine was to dete- rmine exposure of tsl the animals to cigarette smoke. [610: One of the things that you were trying m to do in order to determine the degree to which [a] the tests could be relied upon was to determine 191 the extent to which the animals were, in fact, pol exposed to cigarettes? iiii A: That's correct. 11210: And in order to do that, you needed to 1131 set up some kind of mechanism) p41 A: That's right. We needed a matker. nsl Q: What you were looking forward to on an [161 ongoing basis was devca loping an analytical method lt7l for determining that; is that correct? psl A: That's correct. [791 Q: Even then, in January 1970, you had [xo1 doubt about the smoking pro- cedure that was being 1211 used; isn't that correct? [n1 A: No. We just didn't have a good way of t:31 measuring the amount of smoke entering the animal [24) that we felt confident in. [nl Q: If you look to the right-hand column, Page 150 [ q that says "Results," that says "State the specific [21 results you achieved for each goal and be prepared t3] to discuss your performance with your supervisor 141 and senior manager during your review session"? [sl A: Right. [sl 0: And you wmte,didn't you,that'Yhe m analytical procedures at this date seems [e] satisfactory. There is some doubt about the 191 smoking procedure. Work is continuing under pol guidance of Drs. Nystrom and Colucci"? [tn A: Yes, Counsel. I'm trying to re- member ual the contest in which that was written. What you u3l have here are one sentences that with a time frame p41 that's difficult to remember the context in which psl that was written. That's what I wrote, yes. [t610: That's all you wrote, isn't it? tnl A: That's what I wrote, right. [ta] 0: That's all we have to go on bec- ause t19] that's all you wrote at the time, isn't it? [m] A: That's correct, for this review. 12110: And your memory fails as to ex- actly (22) what you were referring to? 1231 A: It's difficult to say-well, wait a tj+l second.Let me think jtut a minute.There was [2sl trouble using nicotine as a matker because the Page 151 ] tl animal would not exerete it unless we changed the ta1pHofthe gut.We did that by changing the food, t3] but we could not get reliable results for [41 nicotine, okay? [sl Q: See, we're having trouble - Page 146 -1Page 151 (26) 11iin-U-ScrIpw 51538 4898
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The State of Texas v. The American Tobacco Company, et aL did they? 121 A: No. t31 Q: They let you believe and com pktely 141 you did believe that you were free to talk to tsl anyone about the work that you did in smoking and Is] health when you were at Reynolds; isn't that m right? [e] A: Yes, I was. Iv[ 0: Now, Mr.Bumgarner,the only law- yers tlol that you've ever met with from Reynolds before we hp met here today ate the few meetings that you had u2l with lawyers from Womble Carlyle around three u31 years ago? pa A: That's correcc. psj O: And the lawyers who appeared around h6[ the time of your discharge from the Biological tnl Research Div- ision; is that correct? Iti] A: Yes, but I did not talk with them. It91 O: You didn't talk with them,you just laol saw them; is that correct? 12q A: That's correct. tul O: Now. Mr. Bumgamer, even when you were 1231 at the Biological Research Division, senior [HI scientists to whom you reported gave reports, tnl public reports on the work that you were doing, Page 115 [tl didn't they? t:1 A: Public reports? (310: Yes. 141 A: Not to my knowledge. [a1 Q: WeU - 161 MR. GROSSMAN:One moment, your m Honor. If I may approach. [sl JUDGE RADFORD:Yes, sir. rol MR. MOTLEY:Your Honor, may I Itol pose a substantive objection at this time to pn something? ux[ JUDGE RADFORD:Yes, sir. [t31 MR. MOTLEY: We have moved in the 1141 state of Florida for this company to produce all ps1 documents related to animal testing, and we usl received a response filed today,which I'd like to [ nl file with this court, that they are unable to ua[ ascertain what we're talking ab out. I only have 1191 one copy. RJ. Reynolds is unable to ascertain [ml what the state of Florida in their Medicaid [m litigation means when they ask for animal re- search [srl documents, aU publications andall information. (231 We walk inhere - 1241 MR. GROSSMAN:This is [:sl gnn- dstanding. You're taking from my time. I'd Page 116 Itl like to continue the deposition. 121 MR. MOTLEY:YotuHonor,ish 131pro• cedure for me to address the Court or counsel? ta JUDGE RADFORD:You can address [s) the Court. Is] MR. MOTLEY:Thank you, your [71 Honor. I was addressing the court. My objection [sl is RJ. Reynolds should not be allowed to confront 191 this witness with any document that's been pol requested by a sister state of the State of Texas ptl on animal testing, publication ofanimaltestittg, pzl and anyinformation dealing with the so-called u31 Mouse House.To aUowRJ.Reynoldsto saythey 1141 don't know what the state of Florida is talking usl about and then allow a lawyer represenUng [t61 RJ. Reynolds in the State ofTexas to selectively [n1 pick documents that he wishes to confront this ttsl witness with is a gross, unfair procedure for them n91 to foUow.It'salso effrontery on this court and [ml effront- eryon the court in Florida,which will be [2 q brought to their attention this after- noon. R2I But I am here with this witness and I [231 respectfully suggest either they not be allowed to t=+i usc these documents since they suddenly recall t2s1 what animal research means, or that they be forced Page 117 ul in this court to produce all documents of any kind [2I springing out of animal research; that this [31 deposition be recessed until such time as the [4[ wimess has an opportunity,the State of Texas has isi an opportunity, and I'll advance the state of 161 Florida's cause this afternoon down there. nl MR. GROSSMAN:Your Honor, [sl ob viously - [91 MR. MOTLEY: I'd Wce to put pol this- ut] JUDGE RADFORD: We'll mark that 1121 as a Cottrt's Exhibit 1, attach it to the 1131 deposition as the Court's exhibit, and I will let p+l you respond to it. [tsl MR. GROSSMAN:I'd like a copy of u61 that. Let me sayfurther I'munfamiliar with - ml I'm unfamiliar with any of the pleadings in the psi Florida litigation. [ts1 MR. MOTLEY:You've appeared in [ml Florida, sir. [2tt MR. O'QUINN: Can we comply with [n1 the Court's instructions by first gcttingthis 1231 markedasCourt's Exhibit 1, then we r.n proceed? (241 MR. GROSSMAN: I hope this isn't [asl being taken from my time. Page 118 ul JUDGE RADFORD:I'm not taking (21 from your time on it. I stopped your clock at t31 1:30. [+] (Deposition Exhibit Court 1 was marked.) Joseph E. Bttmgarner November 11, 1996 161 JUDGE RADFORD:You may pro- ceed. r7I MR. GROSSMAN:Thank you, your iai Honor.I'll respond briefly. 191 As much of a compliment as I take it nol that Mr.Motley wants to interrupt the deposition n tl atthis time,we'll proceed. We will use no IW documents that are not public and have not been 1131 made public and produced in litigation. The h+] document that you have in front of you that caused nsl that outburst by Mr. Motley is a transcript of ust Dr. Tony Colucci. There are parts of that tm transcript that at Dr. Colucci's request are usl sealed, but I'm referring to the parts that are n91 not sealed. Ro1 MR. MOTLEY:Excuse me, your 1211 Honor. Am I to understand you're pre- senting this 1221 witness with part of a transcript that you wish to u3[ confront him and the witness who testified ;z+i requested certain parts be sealed and he doesn't 1251 have an opportunity to view the whole transcript? Page 119 tu I object, your Honor. This is not something that t21 can be preserved for the time of trial. He's I31 trying to hand this witness a document he has no [+I familiarity with and only hand him part of it and [sl part of it's being kept zway from him, as he said, 161 at the request of Dr. Colucci. nlJust looking at this order right here, [ai it appears that RJ. Reynolds is cottr plaining about [9] Dr. Colucci revealing information and seeking to ho] seal documents and to shut him up. I don't know p q whatthis isallabout,but howis it p-oper to [121 cross-examine one wit- nessfromapattial u31 transcript,part ofit sealed, that they produced u+l for the first time in this proceeding. I object us[ to that. I don't know how I can preserve it for a p61 later day. tm MR. GROSSMAN: May I continue, [tsl your Honor? [t91 JUDGE RADFORD:I will let you t2o[ continue, but please don't examine him from either 1=a any scaled or any con- fidential or any documents [u[ that this witness wouldn't be privy to. 1231 MR. GROSSMAN:Absolutely, your 1241 Honor. I'm only using the parts that are public. 1251 And of course, having watched examination on the Page 120 iii basis of newspaper articles, I find it odd that 121 sworn testimony can be - t31 JUDGE RADFORD:See if you can [sl proceed. Start you back up at 1:32. tsl MR. GROSSMAN:Thank you, your [6i Honor. m Q: (By Mr. Grossman) Mr. Bumgarner, may Is] I direct your attention to page Min-U-Scrilpt 51538 4893 21) Page119-Page12G
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The State of Texas v. The American Tobaeo.o Company, et alL different sources, nsl yes. u6] 0: Let's get tab 17. itn THE VIDEOGRAPHER: H you'll nsl excuse me, I need to change tape. h91(Off-the-record discussion.) [2t1 THE VIDEOGRAPHER: We're back on trt] the video. [23] 0: (By Mr. Gtussman) Thank you. p+l Mr. &sn*arn, you were asked in your direct [n] testimony if you were ever given a book on smoking Page 201 III and health research when you came to Reynolds. Do 121 you recall you said you weren't? t31 A: On previous research that had been [+I done? Isl 0: Yes. 161 A: No, I wasn't. [nl 0: Instead ofa book,you were given a tsl library; is that correct? 191 A: We had access to the companies pol library, yes. [tu 0: That company library contained an 1121 extensive and excellent resource for smoking and u31 health literature done in the company, outside the tt41 company, everywhere in the world; is that cotrect? 1151 A: it was a good resource, yes. It610: Thauk you. 1171 (Deposition Exhibit 16 was marked.) it910: (ByMr.Grosstmn)Now, I've hand- ed Iml you what has been marked for identification Rtl purposes as Bum- garner Exhibit No. 1S- is that- u:] A: 16. 123] 0: Thank you.That - ua MR. MOTLEY: Excuse me, your [2sl Honor. Page 202 [tl MR. 0'QUINN: Wait, wait, wait. [2I Sin- ce the witness has beeq challenged about the I31 contents of the RJR library, we move that it be [tl produced. It's unfair to challenge a witness [sl about why he can't comment on it without producittg 161 it.They're tryingto get the best of both m worlds. tsl MR. GROSSMAN:Your Honor, I[91 thinkwe descended into the ridiculous a long time uo] ago, but this - [ItIMR.O'QUINN:With your 1121 cross- examination, you certainly - 1131 MR. GROSSMAN:You said - you 1141 said - you said you would never in- terrupt me. [ts1 Isn't that amazing? You really can't hold back, 116] can you? nn MR.O'OUINN:Yes, it is nel amazing. Talk to the court. Somctimes you say 1i91 things you j us[ - twl MR. GROSSMAN:This is 1211 cros.Fex- amination. uzl JUDGE RADFORD:Okay. Proceed 1n1 with it. Ibl 0: (BY Mr. Gtnssman) Mr.Bumgarner, this in1 is an article from the New England Joutnal of Page 203 Itl Medicine. You're of course familiar with that 1=1 loumal? t31 A: Yes, I am. [+10: That'sthe leading jotunal on tnedi- cal III issues in the United States? [6] A: Depending on what field of ined- icine m you're talking about, it is one of the leading Isl journals,yes. [91 Q: It's the most often cited, isn't it? Ito] A: It is often cited. u tl 0: It's cited not only bypeople in the 1121 medical profession, but it's regularly read by osl newspapers and reported on by newspapers; isn't Itsl that right? usl A: Yes. [t610: All right. Even a layman would know t[n that the newspapers on a regular basis report on [tal new findings reported in the New England Joutnal uvl of Medicine; isn't that right? Iml A: Major findings of public interest are Izn often reported in the news. 12210: Now,this article is dated February 3, [a11972? 1241 A: It's dated Febtuary 1972.February 1251 3rd. Page 204 Il] 0: That'sfmmafteryou left Reynolds; I=1 is that correct? f3] A: That's correct. [4] 0: By the way, when you left Re- ynolds, tsl you d been working on smok- ing machines you said 161 earlier;isn'tthat tight3 I'I A: I had not pcrsonally been working. [sl Our animals were exposed on smok- ing machines. 1910: The smoking machines were deve- loped by uo] RJ. Reynolds at the Bi- ological Research Divisiont un A: Yes. 1121 Q: What you called the Mouse House n31 before; isn't that right? [1+1 A: Yes, they were. [1sl 0: And after you left RJ. Reynolds after t t6] the Biological Re search Divisio n was closed, those p7l smoking machines were still used, weren't they? nal A: I have no knowledge of anything that p9] occurred in the company after I left. tml 0: Let me represent to you that the [ap smoking machines went to The Council For Tobacco I= Research, aR Joseph E. Bttmgaraer November 11, 1996 right? Now, I'd like to direct your 1231 attention- let me direct yourattention to the usl paragraph in the lower left-hand corner. Do you t:sl see this says it was supported by research gtants Page 205 [q from the National Institutes of Health and by a[zl grant from the Council for Tobacco Research [3] U.SA.? [.I A: That's what it says. [s10: Once again, this article on 161 sur- factants in cigarette smokers was sup ported in m part by contributions by the cigarette industry, isi including RJ. Re- ynolds? [91 A: Yes.If it came from the Council for Itol Tobacco Research, yes. 1a t10: Now,the abstnct of this article 1121 shows that this study reported that a "deficit of [131 surfactant and its rapid return after cessation of [ul smoking are compatible with the hypothesis that us] cigarette smoking reduces the pro- duction of [161 surfactant or increases its removal:" p7] A: Increases the production? Itsl 0: Increases its removal. [to] A: What paragraph are - ho] 0: I'm sorry. In the absttact. t2q A: Excuse me.Yes.I'ie read it. ful 0: This article, funded in part by the 1231 cigarette industry, including RJ. Re- ynolds, again [2y dealt with the effect that cigarette smoking had tnl on the production of surfactant in smokers; is Page 206 III that correct? III A: Yes. 1310: Exactly what you were smoking, but [+I this was on humans instead of rabbits? III A: Exactly what I was smoking, Coun- selor? 1610: I'm sorryExactlywhat you were (7) studying? [el A: Yes. [910: But this was on huntans instead of [tal rabbits, cottect? Ittl A: Yes. [t2l 0: All right. Now, Mr. Bumgatner, it's 1131 fair to say that work in this area continuedafter [[4]you leftR J.Reynolds; is that correct? ns] A: Based on these articles it con- tinued. u610: And it continued to be funded by [m RJ. Reynolds; is that correct? pa] A: It continued to be funded by the GTR, ftyl yes. t2ol Q: Which was funded by RJ. Re- ynolds? tm A: Okay. ItfinU-S°r'tf 51538 4907 ~~i~ ~201-page2o6
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The State of Texas v. Joseph E. Bumgarner The American Tobacco Company, et al. November 11, 1996 Isl A: Addiction to me - 141 0: Could you dcfine addiction - to you. isi A: To me is having a-more than an tsl avenge desire or strong desire for a particular tn type of drug, chemical addiction.Ithink lal particular thought is that is due to actual [9i chemical depe- ndency within effect of the ttol met- abolism, where there is a psychological form of tt tl addiction that's, again, based on psychology and [tzi that's not as well understood. ps10: And you use "addiction" in the p4l colloquial term in the way people who are not im experts in the field use it? hsl A: I tend to use "habit" as something Inl that's easy to kick and "addiction" is something [tel that is extraordinarily difficult. 11910: How about keeping 60 pounds off. What taol is that? [ztl A: Habit for me because it can be done tzzl and I know the mechanism to do it, it's just that t»I inaCtlvity and as I grow older, it's harder to tza do.It's also related to age, Counsellor. It's issl just harder for me to go out and exercise. Page 300 [u 0: Do you know the definition of 121 addiction as it's contained in the diag- nostic and 131 standard - diagnostic manual? I*I A: No, I do not, Counsel. ;sl 0: Have you everconducxed research on [61 addiction oron behavior in people or any other pl animals? isi A: No, I haven't, Counsel. (9] Q: Have you ever supervised beh- avioral im research? u tl A: No, I haven't. hz10: Have you ever conducted the - have usl you ever drawn up the pro- tocolsfor research with 1141 regard to any animal or - Its] A: Behavioral science? it6] 0: Yes. im A: No. ttsl 0: It's fair to say that you have no more pv1 expertise in behavioral science and addiction than Izol anyone else; is that right? Iztl A: That's probably a fair statement. tzzl 0: Okay. Now, Mr. Bumgarner, you were Izj] asked several questions about Dr.Colucci.And Izq Mr.Motley placed in ftont of youa protective Inl order saying that Dr. Colucci had been sued by Page 301 [tl RJ. Reynolds. Do you recall that? [zl A: I didn't read it in here thst he'd t3t beensued.IseeJudgmentofPermanent [+] Injunction. I assume that is - Is10: Do you know what that injunction [6] relates to specifically? in A: No, I don't. I haven't read this lal document. 1910: Do you recall that in 1993 there were im press reports that Dr. Colucci was making im extortion demands on R J. Reynolds? pz1 A: I have read the articles, yes. n31 Q: Do you recall that there were press Itsl reports that Dr. Colucci had demanded $5 million psl from RJ. Re- ynolds? ttsl A: I read that that's what he was accused u7l of. us10: And that he was planningpress n91 releases if $5 million weren't for- thcoming? Izoi A: That's what I read that he was accused 1211 of. Irn 0: Do you - have you been told that in 1231 the course of the deposition that you have in 1241 front of you, Dr. Colucci pled the Fifth Amendment tn] on dozens of occasions? Page 302 tu A: No. 121 MR. GROSSMAN:Let me take a[s1 one-tninute break if I may, your Honor. [+1 JUDGE RADFORD:Yes, sir. ts] THE VIDEOGRAPHER: I need to go [6] ahead and change the videotape as well. m JUDGE RADFORD:Please. [sl (A recess was taken.) [91 THE VIDEOGRAPHER: Wc'reback pol on. itt10: (BY Mr. Grossman) Mr.Bumgamer, do tt zl yo u have a ny doc ume nts that yo u- - in your 101 possession that come from your work at p4l RJ. Reynolds? Itsl A: No. ti6i Q: Wereyoupmvidedwithanyother 1171 documents by Mr. Motley in pre- paration for today's [tal deposition? It9] A: I can't give you a summary of aU the [zol documents I was provided.l was provided the 1'u Brubaker report, the letter you mentioned, the Izz] Liggett letter, you know, all those types of [z31 doctunents. [z47 0: The Liggett letter? Izsl A: I don't know what it - the letter Page 303 Itl from - about they had heard from Reynolds Izl about - 131 MR. MOTLEY: Philip Morris. [41THE WITNESS: Philip Morris. I'm [s7 sorry. (s) 0: (By Mr. Grossman) Were you pro- vided vided Irl with any documents that have- n't been used in [sl today's deposition? 191 A: I'd have to go through the doc- uments uol and see. 11110: Do you have with you the doc- uments pzl that Mr. Motley and his associates provided you [t31 with? ttsi A: No, sir.They'rc in my briefcase. im 0: Where is your briefcase? [161 A: Mybriefcase-Ithinkit's in the Irn van. I'm not sure. [IS10: Where is the van? u91 A: I can't tell you. uol MR. MOTLEY:We'll be glad to [zu attach the documents that we gave him, if we're [u] not precluded from a pro- tective order, to the tz31 deposition if he wants. Iz+l MR. GROSSMAN: We would request 1251 that all the documents provided to this witness Page 304 Itl would be included as exhibits. 121 MR. MOTLEY: We'U make the same [31 request when we take your wimesses. [41 MR. GROSSMAN:This is a witness [sl who is not represented by- I6] MR. MOTLEY:It's called the m goose and the gander. tsl MR. GROSSMAN:And any witness [e[ who is not-who isa nonpattywimess- pol JUDGE RADFORD:Go on with the tttl deposition. I1z10: (BY Mr. Grossman) Mr. Btungarner 113) MR. McNEELY:Can't get a u+l doc- ument. 11510: (By Mr Grossman) Mr. Butngarner, the nti] scientistswith whomyou work at Reynolds were 1171 uniformly excellent and eminent; is that correct? ps]MR.MOTLEY:Excuse me, your 1191 Honor. I hesitate to object, but I didn't ask him [ml anything about emLtent scientists on re - uu MR. GROSSMAN:You did. You Izz] asked himwhetherwe were in anyway- whether 1231 we - you asked whether Reynolds suggested that [z41 the reason for the dismissal of people from the tzsl BRD was the quality of their work. Page 305 [ t l MR. MOTLEY: Yeah,then you asked 121 him if one of them pled the Fifth. Is] MR. GROSSMAN:That wasn't the wl quality of his work, that was the quality of his Isl conscience. 161 JUDGE RADFORD:I'll let him pl att- swerthequestion.Goaheadifyouknow. [sl THE WITNESS: In my opinion, aU [9] these men were outstanding scientists. uol MR. GROSSMAN:I have no further ptl questions. [txl MR. MOTLEY:Can I have two or im mill-u-scri 51538 4923 (51) Page 300 - Page 305
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Joseph E. Bumgarner November 11, 1996 three questionsJudge? I promise I won't be [u1 long. nsl JUDGE RADFORD:Sure. [tsl FURTHER EXAMINATION pn SY MR. MOTLEY: us] 0: You were asked by Mr. Grossman whether It91 you had discussed your scientific findings with 1m1 universities and with the government. Do you uu remember that - az] A: That's correct. [23] O: - after you left Reynolds? 1241 Do you stand by what you told us this Inl morning,that you did not feel you could discuss Page 306 [u these mattcrswithout yournotebook? R) A: I would - r31 MR. GROSSMAN:Objecdon as to 141 form. [sl MR. MOTLEY:I'll rephrase. 16] JUDGE RADFORD:Rephnse your pl question. tsi 0: (By Mr. Motley) Did you have your [91 notebooks when you left Reynolds? pol A: No, I did not. utlO:And the notebooks contained what? p2lA:Allthedata- p31 MR. GROSSMAN:This is n+] re- petitive, your Honor. This is in the record. nsl MR. MOTLEY: He asked him. nsl JUDGE RADFORD:I'U let him I»1 answer. Go ahead. asl THE WITNESS: The notebooks [t91 contained all the data that we had gathered in the [ml course of ourwork at Rcynolds Tobacco Company and [211 the BRD. Iz2i Q: (By Mr. Motley) Did you feel like you [n] could recall all that data by memory in order to [2+1 discuss what you did at RJ. Reynolds with a 1251 scientist? Page 307 [ n A: Absolutely is not. 1210: Or with a university? 131 A: Absolutely not. 141 Q: Or with the EPA? [sl A: No. [s] O: YousaidyouheardthatDr.Colucci I71 had been accused of doing this, that, and the [sl other? [91 A: That's correct. po10: Who accused him of it? o tl A: I assume Reynolds Tobacco Coro- pany did. t1a10: And do you suppose some of these [t31 occasions where he took the Fifth Amendment are in p41 these pages The State of Texas v. The American Tobacco Company, et aL they have been redacted that they [is) won't give us here today? 116] MR. GROSSMAN:I have them here. nn Would you like th=0 Its] MR. MOTLEY: Give me the whole n91 thing. [201 MR. GROSSMAN: Here is Volume 1 [211 which contains 30 assertions of the Fifth IulAmendment. [bl MR. MOTLEY: Anything taken out It+l of Volume 2? [nl MR. GROSSMAN:That contains a Page 308 iii small amount that's been redacted by order of the 121 Court. We'd be happy to getthat foryou ifyou [31 need it,but you'll have to apply to the Court. 141 MR. MOTLEY:Yotu Honor, we're 151 applying to the Court to order him - [61 MR. GROSSMAN: To the Court that m ordered the portions to be redacted. [sl MR. MOTLEY:Your Honor. 191 MR. GROSSMAN:Believe me, no one [ tol would like to see the fulltranscript of this made uu public more than me. 1121 MR. MOTLEY: Why don't yougive 1131 it to me then? [tal MR. GROSSMAN:Because I obey nsl court orders. [ts; JUDGE RADFORD:Excuse me. Let's ( m see if you can finish, please. [tsl MR. GROSSMAN:1'm a lawyer. 1191 MR. MOTLEY: Good. t2o1 0: (By Mr. Motley) Sir, do you know t2o anything otherthan what you read in the 1221 newspapers about what Dr. Colucci stood accused 1231 of? ha1 A: No. 12510: Okay. Counsel asked you- do you Page 309 iii recall being asked about primates being a better [21 tlpe of animal to Study than rats, perhaps? 131 MR. GROSSMAN:I did not ask that [+I on re-cross, your Honor. Isl JUDGE RADFORD:He didn't on 16] re- cross. 171 Q: (By Mr. Motley) Did you know anything [sl about smoking monkey studies being done by- [91 MR. GROSSMAN:I didn't ask uo] any- thing about that on re-cross or on cross. utn MR. MOTLEY: He asked about 1121 ad- diction,your Honor.I've got a document talks 1131 about smoking moneys. n41 MR. GROSSMAN:YourHonor,we us] could go on endlessly. n6t JUDGE RADFORD: We're not going [rn to do that, I promise. ual MR. MOTLEY: Wcll, I'll climb a 1191 three with my documents. [=ol MR. GROSSMAN:I'U need two [ztl hours for re-re-cross on that. [::1 JUDGE RADFORD: We don't have two 1=31 hours. [Kl MR. MOTLEY: Maybe we'll find Inl out- Paye 310 [1t MR. GROSSMAN:This is totally [:1 beyond the scope of direct, cross, re- direct and [31 re-cross. [sl MR. MOTLEY:Finish your- [sl 0: (ByMr. Motley) The onlyquestion I Isl got for you, Were you told while you were at m RJ. Reynolds that they had, quote, secret [sl research going on at Biotech Laboratories, 191 Industrial Bh otech Laboratories in IUinois? nol MR. GROSSMAN:Objecdon, your Itq Honor. 1121 JUDGE RADFORD: Let him answer. [t31 Go ahead. Ital THE WITNESS: No, I was not told. 11510: (By Mr. Motley) You were never told 1161 that? un A: No, sir. usl 0: That they were the same primates he 1191 said you should have studied, Reynolds was [20l studying in Rlinois - [2q MR. GROSSMAN:Objection, your [=j1 Honor.Thisisrhetorical.The witness said he u3] doesn't know anything about it. If counsel wants [m to take the stand, I'll ask him questions. tn1 Q: (ByMr.Motley)Wereyoutoldand any Page 311 w smoking mone y studie s be ing done by your company, [21 RJ. Reynolds, up in Illinois somewhere? [31 A: No, I was not. tal MR. MOTLEY:No further Is] ques- tions, your Honor. tsl MR. GROSSMAN:Your Honor, this p will be one minute. lal FURTHER EXAMINATION [91 BY MR. GROSSMAN: [[ol Q: Mr. Bumgarnet when was the last time utl you met with Dr. Colucci? Iixl A: When is the last time I met with him 1131 faceao-face? n+] Q: Or spoke with him. us] A: I spoke - he called after I had my psl heart attack to check on how I was. And he called [n] right after I had done the Sam Donaldson interview psl and asked me what I thought of it and how things [[91 had gone duringthe interview. Izo] Q: During the course of that 12u conversation, did you discuss his con- tacts with Iul Reynolds? 1231 A: No. PaBe306-Page311 (52) Min-U-SCripb® 51538 4924
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Joseph E Bumgarner November 11,1996 altsred 129:23; 130:24 although 78:7; 232:22 altogether 45:25 alveolar 72:11;129:20; 209:23; 217:22; 219:15; 281:8 AMA 193:8,12,191,194:4 amazing 202:15,18 ambush 133:18 Amendment 301:24; 307:13,22 America 82:13 American 7:4; 9:9; 90:11; 195:13 amiss 249:7 among 55:25; 99:1; 102:5; 127:18; 130:11; 192:12,15; 291:25 amount 30:3;109:25; 132:14,18;149:23; 175:18;182:17;217:15; 308:1 anaiysis 63:25;132:21; 144:9, 20;147:2, 7,18; 148:18; 149:4; 153:22; 174:19 anaiyllcal 64:5; 148:18, 22; 149:16; 150:7 analyzing 64:3 Anatomical 196:19 Andrea 50:22 animal 25:21; 26:11; 27:23; 28:7, 8, 21; 64:20; 70:10,14; 115:15,21; 116:11,11, 25;117:2; 133:10, 10; 145:5,21; 149:23;151:1;157:11,13, 18, 22;159:8;174:10; 188:23; 271:16, 21; 300:14; 309:2 Animals 23:16; 25:23, 24; 26:12, 22; 28:10,10, 18;29:21;30:1,2,14; 32:24; 64:9; 65:2, 4; 67:16; 68:19; 73:10,17; 74:12; 145:2;146:3;149:5, 9; 151:13, 22;152:14; 176:20; 178:17; 179: 1; 180:6,11;181:1,13; 182:7, 7;183:12;188:24; 189:18,19;190:15,23; 192:19; 204:8; 271:3; 276:14; 300:7 Annals 191:13 announcement 238:9; 241.•6 annual 216:10 answered 54:17; 110:12; 261:1 Anthony 24:17; 93:25; 120:21 anti-chok+sterol 103:1 antihyperchokuternk: 111:17 Antihypertenshre 103:4 anxious 73:9,13 Anybody 18:20; 36:7; 43:17; 63:4; 76:22, 23; 187:5; 234:9 anyone 34:10;39:20; 111:24;114:5;140:6; 217:1, 2; 234:25; 236:11, 18; 292:7,13; 293:13; 300:20 anywhere 285:18 apart 185:8; 251:15 apobgize 14:22 apparatus 26:24 appear 8:19; 221:14; 253:19 appearance 11:2,4 appearances 8:9; 9:24; 10:1 appeared 114:15; 117:19 appearing 8:13, 15; 10:4; 11:12 appears 8:3; 59:25; 85:6; 119:8; 21125; 273:9 appendix 86:7 applied 21:22, 24; 22:3, 9; 191:23 apply 21:23;147:17; 286:10; 308:3 applying 308:5 appreciate 153:7 approach 30:14;115:7; 208:2; 313:3 approaches 84:13 appropriate 53:7;90:19; 272:1; 276:24 approval 232:15 approximately 11:18, 22;23:3,5;31:9;41:12, 16; 45:19;158:22; 224:19; 238:23 April 276:19, 20, 24 area 24:12; 26:14; 29:25; 30:5; 74:10; 98:8, 2l; 164:15; 195:20; 197:7; 206:13, 25; 212:7; 269:7; 296:11 areas 72:10; 125:18; 126:21; 247:10 argue 138:7; 244:23 argued 246:10 argumentative 54:17 arguments 170:6 arms 165:2 around 20:25; 30:5, 7; 91:9;107:12,14,21; 114:12,15; 125:11; 165:2; 195:24; 231:16; 237:10, 21 arrangements 223:24; 224:2 arsenic 94:25 art 30:10, 11; 62:6, 21 Artkle 7:14; 38:7; 55:24; 57:22; 58:8 , 12; 124:25; 125:2; 191:11; 192:23; 195:6, 9,12;196:13; altered - biochem9st (2) 198:14; 200:7; 202:25; 203:22; 205:5,11, 22; 208:1,15,19; 211:5,15; 212:9; 217:25; 218:3; 248:13; 278:16; 279:7 artichs 21:8; 120:1; 196:5, 6; 200:4; 206:15; 208:20; 209:1, 3, 4, 6, 8, 9; 210:7,10; 211:7; 259:21; 281:4; 301:12 ascertain 115:18, 19 aside 12:5 aspect 110:24; 127:1 aspects 82:11; 84:15; 128:12,13;139:12,21 assays 147:13 assembled 45:24; 47:3 assert 7:20 asserted 12:25 asserting 83:12,14 . assertions 307:21 assigned 62:9 assist 147:2 assistant 20:6, 9; 225:25 associate 62:12; 86:21; 140:17 associated 31:5 associates 172:4; 303:12 Association 195:13 associations 291:18 assume 13:13; 35:9,14; 46:20; 57:2, 3, 6,10; 58:5, 9; 59:18; 66:24; 67:2,18; 68:22; 82:14; 87:19; 233:3;234:15;236:24; 242:8; 246:25; 290:3, 6; 294:24; 295:8, 9; 301:4; 307:11 assumed 12:17; 243:3; 250:6 assuming 57:22; 67:21 assumption 182:11 assured 161:22 Asthma 216:24 ateiectasis 190:8 atmosphere 28:23 atiech 117:12; 303:21 attack 228:21; 281:25; 282:8; 295:24; 296:1; 297:14;311:16 attacks 296:9 attained 22:9 attempt 85:6; 135:22; 282:6 attempted 143:17; 167:23 attempting 168:2 Attempts 71:22; 142:1; The State of Texas v. The American Tobacco Company, et aL 25; 237:6; 266:7 attending 11:12 attention 7:14; 73:5; 111:6; 116:21; 120:8; 122:13; 139:2; 140:20; 143:24;146:25;148:16; 171:20; 188:7; 189:25; 192:11; 193:6; 194:20; 204:23,23;210:13;217:7; 248:13; 253:6,13 attorney 136:5,13, 22 attorneys 7:17; 8:4; 222:23; 223:7 attributed 58:2; 248:24 author 166:17;190:14 authors 196:6 availabiiity 136:11 available 1.66:21, 23; 173:15; 183:9; 269:22 average 297:8; 299:6 av'uition 221:9 avoid 121:5 award 20:17; 21:4 aware 90:6; 136:24; 167:18; 266:20; 291:20 away 119:5; 121:2; 134:9; 153:5 Ayers 49:23 B B 51:11 B.S 19:3 baboons 128:23 bacillus 178:22; 179:13 back 40:10,15; 43:7, 22; 44:15; 59:13, 21; 75:21; 77:22; 86:5, 6; 90:24; 1204 134•25 137•10 bathroom 90:17 bears 82:22; 161:14, 15, 16 beat 65:25 Beeumont 44:3; 221:7; 277:10 became 29:9; 102:4; 173:15; 175:15 become 147:1,15; 258:19 Beek 51:6, 7 beginning 120:8;122:14; 152:4; 154:22; 285:2 begins 188:9 behalf 8:11, 17,24;9:3,5, 7, 22;10:4, 7,10;11:12; 17:17 behavior 300:6 behavioral 283:6; 298:20; 300:9,15,19 behaviors 296:8 behind 42:19;121:18 beings 25:19, 22; 277:12; 286:11 Belgians 177:21 belief 249:24 believe 18:12; 38:19; 54:1; 55:5; 60:14,16; 61:16; 62:4, 8; 79:18; 80: 14; 86:17; 88:20; 90:12; 92:2; 98:6; 107:20; 111:13:114:3, 114*3,4; 1166:7; 209:12; 232:7,10; 239:17; 243:4,15; 244:9; 248:13; 252:22, 23; 257:2; 271:21; 275:8,15; 282:21; 294:25; 295:4; 298:6; 308:9 believed 54:3; 61:14; 79:22; 89:18; 90:12; 171:16; 197:6; 200:21; 1 232:5;250:15 202:15; 215:21; 220:17; I Bellows 26:10 221:22; 241:18; 248:13; 1 below 58:1; 285:1 249:4; 263:8; 268:2; 271:14;283:18,18; 297:23; 298:18; 302:9 background 94:10; 101:22; 238:20 bacteria 23:16; 281:10 bad 170:13 bag 267:10 bank 274:14 Barclay 8:22 barraged 165:3 base 79:16; 232:25 based 12:22;61:18,20; 90:4;109:22; 206:15; 283:2; 299:11 basement 45:4, 6 beh 77:9 belhld 177:22, 23 beheds 177:18 benefit 62:24; 134:13; 161:25; 162:1 Benko 49:25; 50:4 benzo(a)pyrene 20:25; 21:2 best 30:13,14; 31:22; 32:3; 50:3; 52:22; 130:14; 173:6; 174:12; 202:6; 223:11;243:11;247:8,14; 251:21;252:10 better 229:2; 278:18; 309:1 beyond 170:12; 282:18, 22; 310:2 big 132:5; 155:15; 176:23 bigger 174:8 binding 103:9 biochemical 24:1 biochemist 21:24; 22:1; 167:18 bask:25:12;130:3 attend 11:20; 36:14; basically 313:14 44:12; 123:18; 187:20; basis 33:8; 62:15; 74:5; 230:11,15, 22; 231:6; 120:1;149:16;199:8; 235:9; 236:15 203:17; 210:12; 220:2; attended 124:7; 236:18, 233:13 M1n-U-Sa4pts 51538 4927
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Joseph E. Bumgarner November 11, 1996 [R210: Now, just had different scientists [7S1 working on it; is that correct? lul MR. MOTLEY:Object to the form [si of that, Judge.If he wants to open that area up. Page 207 [tl I'm delightedto junlp inthere. He said it was [zl just different scientists doing the science. I'm 131 glad to get Into that if he wants to. - 141 MR. GROSSMAN:I don't understand tsl the objection to form. Isl MR. MOTLEY:You bad lawyers p1 con- ducting science at the ta'R.You- [sl MR. GROSSMAN:Oh, that's a - t91 JUDGE RADFORD: I'll let you ask [101 questions in that regard. htl MR. MOTLEY: Thank you, sir. tta 0: (By Mr. Grossman) It was con- ducted by It31 different scientists; is that correct? (14] A: Well, two of the papers were published nst by the same scientist; two of the papers you've n61 given me - 11A 0: I'm talking about the published paper psl by the - in the New England Journal of Medicine. [t91 It was different scientists than those at the BRD? [m] A: Oh, yes. [2710: Now, you said earlier that you haven't inl followed medical literature regarding emphysema or 1231 pulmonary sutfactant since 1970. uq A: That's correct. Inl 0: You did, however - you were shown Page 208 u] ear6eranarticle fromthe Greensboro newspaper [2i byJustin Catanoso.IfI may approach, I just 131 want to see the number of the exhibit. NI A: Yes.There'spartofit.Here,I'll tsllet you find it. [6] JUDGE RADFORD:Are you okay, pl sir? [si THE WITNESS: I'm fine, thank 191 you, your Honor. uol JUDGE RADFORD:H you need a[nl break - i[:1THEVPRNESS:I can go a while It31 longer. u+t 0: (BY Mr. Grosstttan) Mr. Butngarner, [ts] earlier Mr. Motley showed you an article from the 1161 News & Record of Greensboro,North Catolina,that u71was marked as Exhibit 4. nsl A: That's correct. u910: And that article dealt - was one of tml the series of articles that Justin Catanoso and 12t1 Taft Wireback wrote for the News & Record of 1221 Green- sboro, North Carolina, on smoking and The State of Texas v. The American Tobacco Company, et al. 1231 RJ. Reynolds; is that correct? [241 A: It not only dealt with Reynolds, it [zsl was all the companies. Page 209 u10: And you followed those articles? 121 A: Yes, I read every one of them. 1310: You were quoted in the articles? [41 A: I was quoted in the articles. [s10: And you had an interest in the [6] articles as someone who was quoted? pl A: Yes. I was interested in the isi articles. 1910: Now, one of the articles dealt with [to] the surfactant theory as it currently stands; utl isn't that correct? uzt A: I believe you're correct, Coun- sellor. tt3i 0: Do you recall having read that? 114) A: Yes. [tsi 0: And it said that the surfactant theory [t6] has now been replaced - [nl A: No, that's not what it said, pal Counselor.lt said that it did not deny that our [t91 theory was wrong- or it did not state our theory [io] was wrong, it said that at least current thinking wtl was that there was another pathway involved that [22] we had not considered. And it was thought that 1231 alveolar macro- phages played a predominant role. u+1(Deposition Exhibit 17 was marked.) Page 210 tu 0: (By Mr. Grossman) Mr. Bumgarner, let ul me hand you what has been marked for [31 identification purposes as Butngatner Exhibit lu No.17. [sl A: Okay. 1610: Now Mt. Bumgarner,this is one of the [71 articles from the News & Record that you followed isi after you were interviewed by Mr. Catanoso? 19] A: Yes, it is. no] 0: I hesitate to use newspaperartic• les U71 in the course of this,but you were questioned on 1[2l the basis of them by Mr. Motley. So I'd like to u31 direct your attention, if I may, to the second na column. [tsi A: Yes. t1610: Do you see in the first complete 1171 paragraph it says, "In 1962, the first academic nsl study was published sug- gestingcigarette smoke p9l -nelped cause emphysema bypunching holes inthe [20] cell membranes of pulmonary surfac- tant"? [2tl A: Yes. [a210: That refers to the theory that you [x31 were working on? [ui A: B) "punching holes," I don't know what [2s1 they mean by "punching holes." Page 211 w Q:Okay. But the pulmonary sur- factant [zl theory as a mechanism for emphysema is what you [3] were work- ing on? [41 A: Yes. [s10: The article also says in the next [61 colttmn, "Between 1966 and 1980, seve- ral medical" m jottrnals-"journal articles explored the [ai possible connection between emphysema and [sl smoke- damaged pulmonary surfactant. Several of Itol those university studies were funded bythe I[ 71 industry-backed Coun- cilforTobaceo Research"? n2] A: Yes. [731 0: And you have no dispute with that? 1141 A: I don't-I accept what they said in usl the article. But I don't - [t61 Q: Now, it says in bolder print in the [n] third colttmn,'The IatestTheory." ps; A: Correct. 1191 Q: "Many scientists are skeptical about tml the connection between emphysema and damaged at] pul- monary surfactant," what you were working on; [ul is that correct? It31 A: That's correct. Iz41 Q: It says, 'They suggest that cigar- ette tnt smoke appears to overstimulate a powerful chemical Page 212 hi in the lung that keeps the lung free of gertns.121 When too much of this chemi- cal is produced it not [31 only cats germs but also eats lung tissue 141 itself." Do you see that? Isl A: I see it. The terminology I have [6i problems with. m 0: You didn't do studies inthat area, tel did you? 191 A: No, but the article states that pol scientists are skeptical, not that they have t1n proved anything. u2l Q: Who is the leading expert - who are 1131 the leading experts today in 1996 on pulmonary [141 surfacrant? os1 A: I can't tell you that, sir. lt6i Q: Who arc the experts on pul- monary [n1 surfactant? I isl A: Today? 1191 Q: Yes. [2o] A: Again, I cannot tell you that. I[2u haven't kept up in the literature or studied that. rzzl Q: Who are the leading experts on [231 emphysema? [:41 A: Today? [2s1 Q: Today. Page 213 Page 207 - Page 213 (36) 11iilnrU-Scripft 51538 4908
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Joseph E. Bumgarner November 11, 1996 checking 152:23; 269:20 chemical 24:1; 63:25; 73:18,19; 211:25; 212:2; 254:10, 22; 299:7, 9 chemicab 254:12 chemist 16:21; 98:5; 101:21; 123:16; 294:4 chemistry 23:12,14 cherrypicked 162:4; 169:16;289:22 cherrypicking 289:25 chest 214:12 child 59:23 chlklren 16:24 chokx 229:4, 5 cholesterol 296:18, 22 choose 129:1 chose 138:6;216:10 chosen 138:10;290:6 chromatography 64:4, 4 chronic 67:15; 69:19; 191:12, 20;192:4; 216:11, 16,18, 20, 22; 218:9 cigarette 26:12, 23; 28:3r 3; 29:21; 32:24; 33:1, 4; 67:15, 24; 71:23; 72:4; 74:7; 87:21; 96:18; 132:12;1422;149:5; 154:1; 159:2; 160:15; 174:15; 188:5,12; 190:3, 16;191:23;192:4,18; 194:14,16,22;195:16; 205:6, 7,15, 23, 24; 210:18;211:24;217:11, 12,14,18;274:16;277:11; 281:6 cigarettes 26:16;67:17; 70:4,12; 149:10; 176:4; 282:7 ciiia 65:23, 24; 66:4, 8 ciiiastasis 66:6, 7 circulation 91:10 circumstances 16:6; 134:2; 162:20 circumstantial 283:23; 284:9 circumvent 168:24 cite 133:2; 219:6 cited 124:10; 203:9,10, 1l ches 194:21 citing 141:19 cltizens 90:11 Civil7:11 ckim 92:9; 133:14,19; 134:5 claimirg 68:18; 138:3 ciaims 92:1 Clara 50:8 Clarence 50:14,15 ciarity 181:8 class 77:19, 20 clear 12:23; 48:18; 61:4; 62:22; 72:12;103:21, 23; 130:9; 165:24; 166:2; 170:2;217:9;246:13 clearance 152:24 clearer 101:19 clearly 52:3; 71:12; 121:22; 278:19 Clemons 58:13 Clemson 19:11,11 Cleveland 262:12 climates 177:11,14 climb 309:18 ciiniu173:16;179:8,17, 25;180:1;181:6;219:16 clinically 180:15 clock 118:2 close 84:15; 129:8; 230:12; 235:10; 249:5, 7; 284:22 closed 204:16; 233:7; 237:10;250:21 closely 129:2,4; 159:11 closing 230:5, 8; 231:7, 15; 233:17, 25; 234:4, 8, 10, 19,21; 235:2; 236:8, 12,15,19; 237:3, 7; 241:7; 250:22; 251:1; 252:18; 283:14; 285:22; 286:6 clue 133:8,19 coach 77:22 coats 65:3; 129:19 cocktail 294:15 code 133:4; 292:9 coffee 220:16 cognlZant 196:4 collapse 72:11 colleague 222:6 colleagues 141:8;142:4; 221:2; 285:4 collect 245:24 collectively 52:19 college 18:24, 25;19:1; 21:11; 22:8; 97:16 colleges 293:1 Collin 232:21; 236:22; 294:13 colloquial 299:14 Coluccl 24:17; 32:18; 49:19, 20; 56:14; 58:2, 7, 13; 59:7,17; 93:25; 94:21; 98:12,18;99:7,16; 104:10,13;111:10; 118:16; 119:6,9; 120:21; 121:24; 122:18; 123:16, 22; 126:22; 128:8; 147:3; 150:10; 154:18; 177:10, 13; 179:21; 182:20; 230:21, 22; 231:3, 6,10; 234:11,13,14,17; 240:24; 241:1,22,23,24,25; 242:15, 25; 243:10; 247:10,12; 249:20,23; 250:10; 257:3,18; 266:4, 7; 268:1; 269:6; 272:5,14; 274:2,15; 283:18; 300:23, 25; 301:10,14, 24; 307:6; 308:22;311:11;312:20, 25 Coluccl's 24:18; 118:17; 257:12 column 143:25; 149:25; 188:8; 210:14; 211:6, 17; 258:6 comfortable 91:13,18 coming 101:21;169:17; 177:11,14; 221:4; 222:1; 231:1; 269:25 command 32:17; 99:7; 234:12,16 comment 79:3; 91:4; 109:17;112:11; 202:5 commented 123:22 comments 165:22; 279:16 commercial 221:9 commission 259:13 commissioned 259:11, 22 commitment 232:7,11, 17 committed 233:12 committee 84:8,14; 278:13 common 182:11 commonalhies 129:11 communicate 37:23 community 35:8,13,19, 23; 38:10; 78:16; 213:3; 231:16,19 companies 36:25; 37:1, 2; 55:11, 13;194:3; 201:9; 208:25; 228:25 Company 7:4, 5; 9:9, 10, 23;10:18, 23;18:3: 21:15; 22:17; 30:24; 31:12; 32:4, 5; 33:12; 37:5; 39:13; 42:5; 43:10;44:14,18,24,25; 52:24; 53:12, 23; 56:21, 24; 76:23; 77:15; 84:25; 86:4; 90:2; 92:24; 105:14; 106:15, 17; 107:12, 17,19, 22, 25;112:21;113:7,12; 115:14; 123:12; 184:12, 14,20; 200:13; 201:11,13, 14; 204:19; 213:8,12,15; 224:23; 236:23; 237:13, 23; 238:2; 239:7, 9; 240:16,19;243:25; 250:23; 251:4,10,11,16, 24; 252:3,4,5,8, 10, 11, 18,19,20;254:16,17; 255:2, 5, 6, 7, 24; 256:6; 257:9,13,13; 261:22; 264:11;270:12;277:9; 278:2,12; 285:21; 292:18; 306:20; 307:11; 311:1 company's 33:15; 80:22; 251:19; 262:8 compared 176:16; 195:4 comparing 189:5 Comparison 196:22 compartment 156:23; 157:1, 2, 3 The State of Texas v. The American Tobacco Company, et aL compartments 156:22 compatible 205:14 compel 169:4, 5 compelling 164:10; 170:6 competing 219:23, 24; 220:2 competitors 53:24; 106:21 complaining 119:8 complete 138:11; 170:10; 188:9; 192:13; 210:16;218:14,16; 247:20 completely 114:3; 274:14; 314:24 completeness 121:17; 162:10 compliment 118:9 comply 33:15; 117:21 components 33:4; 108:5; 125:20 compound 40:25; 133:2, 4; 159:21 compounds 151:17,20; 152:12,14; 160:15 compressivity 194:25 comprise 156:16 compromise 176:19; 178:6; 179:10; 180:24; 181:3 compromised 179:23; 180:12 conceive 232:13 concentrated 152:19, 23 concern 91:13; 138:1; 177:1; 178:1,4 concerned 177:10,13; 181:10; 214:18 concerning 260:13 concluded 268:13 concluding 284:24 conclusion 220:6; 255:3; 267:15 conclusions 38:2 condition 91:6 conditions 91:17; 296:8 conduct 30:17; 46:4; 74:13;110:19,20,21; 269:7,13 conducted 36:10; 46:5; 81:24; 156:13; 207:12; 239:16; 251:5; 269:14; 300:5,12 conducting 207:7; 279:22 conference 32:6, 8; 44:12,16;45:11,13,24; 46:1, 22; 47:3; 52:5; 123:17,19;124:2,7 conferences 123:25; 124:1 confidence 159:14 confident 149:24; 219:7 confidential 82:11; 119:21; 122:1; 163:15; 166:8, 9; 262:5 confidentiality 53:14, 19; 54:13; 55:2; 81:16; 82:22, 24; 83:3; 92:1, 9; 166:4 confirm 60:22; 61:1; 94:14; 172:2; 245:15 confiscated 78:1; 82:2 confiict 89:3, 5 conflicting 121:22 confront 116:8,17; 118:23 confronting 121:9,11; 134:4, 20 connection 211:8, 20 conscience 153:11; 305:5 conscious 229:19, 21 consecutiveiy 247:17 consider 250:25; 271:4 consideration 91:17 considered 128:7; 209:22; 297:11 considering 107:11; 237:12 consistent 71:1, 7,10 consolidation 72:12 constantly 165:3 constihlents 54:10; 125:20; 131:2; 154:2 constructed 188:11 constructive 84:12 consultant 58:13 consulted 235:4 consulting 222:22 contacted 55:5 contacts 311:21 contained 24:22; 31:7; 201:11; 218:19; 249:1; 300:2;306:11,19 contains 55:25; 59:9; 219:20,22; 307:21, 25 content 64:6 contents 202:3; 265:13; 275:9,16 contest 150:12 context 150:14; 187:1 continue 35:2; 40:11; 63:11; 99:25; 116:1; 119:17,20;136:19; 162:22; 167:2; 169:2; 219:1 continued 40:5; 90:9; 160:2;196:2; 206:13,15, 16,18; 282:2; 295:13 continuing 58:25; 60:18, 23; 69:20; 121:6; 150:9; 160:1;314:17 contract 259:18 contributed 100:9 contributions 125:16; 205:7 contributor 282:2 checlcing - contributor (4) Mia-U-Script.s 51538 4929
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The State of Texas v. The Amerlcan Tobacco Company, et aL 23:9 biochemistry 20:1; 23:11,12; 24:12, 23 biochemblta 39:25 biocumulation 157:12 bblogk 230:5 Bbbgical 26:5; 31:4; 48:21; 98:25;101:25; 102:4;104:4, 104-.4,21-74,18,20;109:17,19; 110:25;111:20;113:19; 114:16,23;123:15; 125:22;1263;141:3; 145:12,13;204:10,16; 230:8,13; 232:12, 24; 241:7; 244:3; 250:21; 251:24; 268:14; 283:15; 285:22; 286:6; 290:9 biology 19:3, 5, 6; 20:1; 262:8; 283:14 bklts 157:4 Biotech 310:8,9 birth 266:17 black 278:24 biame 229:1 _ blamed 228:24; 233:25 Blank 273:15,19, 21 bkrcking 217:19 biue 224:9 blurred 144:8 board 86:4, 9;154:24; 231:24; 232:15, 20; 269:5 Bob 273:8; 290:7; 291:25 Bobby 51:20 bodiss 64:9 body 23:24; 25:11,14; 27:5; 64:1; 65:12; 70:1,13 body's 25:14 bogus 185:24 bok184:12 bolder 211:16 boll 96:5 bombshells 185:13 Bondurant 194:21 book 24:2 1; 125:3,4,15; 184:3, 5, 7;186:7; 200:25; 201:7;213:18 books105:7,8;247:13 bore 91:22; 269:8 boss 126:22; 257:12 both 38:15;60:24;65:10; 68:5; 104:13,13; 132:12; 138:1, 2;156:15;158:4; 178:17; 182:12; 191:3; 199:12; 202:6; 276:14; 280:12; 297:4; 298:6, 7 bothers 91:8 bottom 46:14,14, l6; 67:3; 69:16; 85:23; 98:24; 99:10; 217:8; 264:18; 294:6 bought 108:11 Bowman 20:7; 85:23; 86:1, 3, 9; 231:22; 232:23 brand 98:7, 21 BRD 207:19; 231:7,15; 233:6,17; 234:1,4,8, 10, 19,21;235:2,10;236:8, 12,16,19; 237:7, 9,10; 238:2; 247:6; 248:4, 5; 270:20;304:25;30621 break 17:3;41:2;68:4,9; 90:16,17, 20, 22; 92:13; 127:17;160:25;161:2; 208:11; 220:13,15,16; 302:3 breakthrough 314:3, 7, 11,14, 23 breathe 28:22; 158:25 briefcase 88:6; 259:2, 4; 303:14,15,16 briefed 167:25; 246:10; 269:4, 5 briefly 23:11, 22; 92:22; 118:8 brkfs 30:16 Bright 86:15, 17, 18 bring 133:23, 25; 259:6 British 84:19 Brkish-America 9:25 broadcast 312:6 broadly 25:5 bronchial 65:25; 72:12; 191:24;192:3;197:13,16 bronchbku 197:4 bronchltis 216:23, 24 Bronze 20:19 brought 47:19; 78:20; 85:7; 116:21; 166:14; 226:23; 238:8; 240:5; 281:18 Brown 9:23 Brubaker 79:2, 7; 227:4, 7,9;258:22;259:10,13, 14,17; 260:5, 13,18, 21, 23, 23, 24; 261:4,10,12, 14;262:1;263:8,18; 264:7, 22; 265:5,12,13; 267:4,14,24;268:13; 287:18;302:21 Brubaker's 264:10; 271:8;273:10 Bruce 51:17,18; 256:9; 290:8;291:25 Bugs 26:19; 97:16; 268:21 building 26:9,13 bulk 289:21 Bumgarner 13:19;14:7; 15:17,24;16:10,11; 18:15; 34:18; 35:10; 41:10; 48:19; 50:24; 60:3; 66:18; 68:22; 73:11; 82:9; 83:23; 85:14,16; 87:18; 91:5,12,18;92:21:93:12; 95:13; 98:3;103:6; 108:15; 111:3,10,23; 114:9, 22;120:7;122:12; 134:25;138:24;139:2,17; 143:12,19,23;147:22,24; 153:15;166:1,15;167:1; 169:12; 171:19; 172:25; 183:22;187:24;188:1, 3; 191:8,10,11;194:13; 196:11,12; 199:14; 200:24; 201:21; 202:24; 206:12; 208:14; 210:1, 3, 6; 216:4, 6, 8; 219:10; 220:22; 228:15; 230:4; 236:6; 240:17; 246:20, 22; 248:12; 249:5; 261:3,13, 15; 262:3; 265:12; 268:20; 270:25;281:16;287:7,15; 293:19; 298:19; 300:22; 302:11; 304:12,15; 311:10;313:2 Bumgarner'a 18:13; 143:20 burdens 157:20 Burroughs 93:18; 94:4; 105:9,15,16;106:12; 238:21;241:2 bus 77:16 business 71:13; 77:15; 142:9,13,18; 172:7, 10; 227:2,14,16,18,19; 261:1, 2,8 busy 241:12 Butler 82:25 button 163:5 buy 252:5, 10; 255:24 C c-I-FI-a 65:23 C-a-/-u-c-c-I 24:19 C14160:14 cadmiumexposed 94:22 cages 188:11 cakfndar74:2 call 75:12; 81:6,10; 113:20;168:7;189:3; 255:17;258:12;271:1 cailed 12:1; 20:19; 26:6; 39:4; 41:13; 43:3; 44:15; 53:14; 55:9; 58:16; 79:23; 132:22; 135:16; 139:11; 141:3; 143:25; 188:4; 191:11; 204:12; 213:20; 214:1, 3; 224:9,11; 244:3; 304:6; 311:15,16 oalls 81:9; 235:22 came 26:6; 39:8; 44:10; 62:4; 77:21; 93:18, 21; 94:10; 95:14;103:7t 106:7;122:18;125:12; 132:& 153:18;154:24; 158:19; 173:14; 175:14; 186:12,17; 201:1; 205:9; 221:19; 224:16; 225:15; 234:14,15; 241:3; 242:15, 24; 243:12; 249:4,22; 266:23; 269:5; 294:1 camera 121:20; 261:17; 274:1 Campbell 51:25; 52:1 Min-U-Scrl, Joseph E. Bumgarner November 11, 1996 can 8:6, 10; 12:16,16; 17:10; 26:15; 29:13; 35:3; 46:15; 50:3; 55:8; 57:17, 20; 58:12; 83:7; 85:7; 87:23;90:16;116:4; 117:21,23t119:2,15; 120:2, 3,14, 25;121:6,13, 20; 122:24,25; 126:20; 131:23;135:20;136:5,19, 19; 137:13; 138:16,16; 143:71,147:24;153:2, 16, 17; 159:11,15; 161:23; 164:19;165:10,16, 21; 166:18; 170:17; 171:8,16; 175:18;176:19;178:14; 196:13; 202:16; 208:12; 217:14;222:24;230:6; 232:24; 233:13; 239:22; 243:21; 246:17,17; 247:21; 256:13; 275:2; 277:17, 24, 25; 279:3, 4; 285:17;286:19;287:8; 299:21; 305:12; 308:17; 313:19 cancelled 245:24 cancar25:3;97:2; 159:18,20,23; 213:23 cannula 27:20; 30:3; 70:5, 7, 9;176:3, 4 capabb 217:16,18,19 capacity 294:19 car 77:17 carbon-14 152:13 carcinogen 159:21 cardiologist 282:1 care 170:22,22 career 18:17;45:21; 143:1; 147:25 careful 226:11 Carey 51:13 Carlyle 41:13,17; 42:22; 80:6;113:15;114:12; 243:24; 275:24; 277:2; 288:1, 2 Carlyle's 42:12; 79:23; 80:9 Caroline 8:14; 14:8,14; 16:14,19;19:1,12; 20:7, 15; 81:6; 95:1; 97:21; 120:22;208:16,22; 225:14,15 Carpenter 141:4; 171:25; 172:20 carried 160:12 Cary 14:7; 16:13 case 17:9; 98:1;133:23, 25;136:18;138:5t161:21; 164:9; 165:13; 167:9; 190:24; 218:14; 221:1; 225:6; 240:12; 260:7 cases 72:13; 78:8; 131:23, 23;189:8; 225:6; 229:13;234:15 Catanoso 208:2,20; 210:8; 248:14; 249:9 Catanoso's 259:20 catheter 155:5 51538 4928 cata 188:10;189:6, 9,10, 12; 276:4 Cause 7:6; 15:20; 33:2, 3; 54:7,8;117:6;126:19; 127:1, 6;128:7;185:1; 190:17;198:2,10, 12; 210:19; 219:5; 271:22; 277:12;298:13 cause-and-effect 129:9 caused 30:3; 64:8; 74:7; 118:14; 129:25; 176:2, 5; 181:11;183:16;194:22 causes 128:10,11; 190:5; 274:16 uusing 130:25 cautbned 15:19 eell 65:17,19; 103:9; 210:20 cells 72:9; 217:13,14; 281:7,11,14 centuries 30:8 certain 22:25; 30:3; 37:14; 44:23; 50:5; 118:24; 125:9; 175:18; 233:8:25;371,222_ -- certainly 74:14; 83:4; 88:18;138:7;162:6; 187:12; 202:12; 230:15; 248:3;255:10;271:6,24; 291:21;294:18;297:12 certainty 151:21; 283:2 certify 161:11 cessation 205:13 cetera 64:2; 156:22; 223:25; 239:12,12; 252:10 chain 32:17; 58:16; 99:7, 10,12; 234:12,15; 235:16 chairman 86:4, 9; 231:22; 233:6 challenge 202:4 challenged 202:2 chamber 28:4, 17,18, 20, 22, 23, 24; 29:1,14; 188:12 chance 55:19; 59:13; 61:9; 71:16; 135:2; 137:16;163:4;165:12 chances 84:11;182:10 change 65:2; 77:11,13; 137:13t 200c 18; 302:6 changed 151:1;223:25; 251:25; 252:3 changes 65:9,11, 13, 20, 22; 73:19; 78:7, 8, 9, 9; 190:9; 195:2 changing 52:23; 54:10; 151:2 characterktk:s 285:16 charge 34:2; 35:14; 64:20; 75:9 Charlie 22:19, 20, 24, 25; 32:20;101:1 chart 59:24, 25; 60:6 check 196:15; 249:14; 250:1; 284:12; 311:16 (3) biochemistry - check
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EXHIBITS TO = ORAL DEPOSITON OF JOSEPH E. BUMGARNER COPY
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The State of Texas v. 21, 24; 235:9; 237:19; 254:16; 255:9 decislon-meking 230:7 decisions 87:11 declaration 17:19 decrease 190:3; 194:23 dedicated 32:22; 62:25 deducted 12:9 defendant 11:21; 13:5; 161:12 defendants 11:20; 12:17; 13:15; 136:24 deferred 100:6,10 deflciencies 271:16 defick 205:12 Define 99:2; 100:18; 159:11;175:5; 299:2, 4 defined 35:18; 100:2; 108:23 defines 314:23 definite 65:5; 74:9; 78:9; 221:23 deHnltely 162:7; 258:18 definition 35:6; 77:6; 300:1;314:15 degradation 217:21 degrading 217:16 degree 19:4, 8,14; 22:4, 7,10; 81:20; 95:17;149:7 Delay 7:11; 223:23 delays 183:16 debteriously 19216 delighted 207:1 delivered 284:15 demanded 63:3;183:15; 301:14 demands 301:11 deny 209:1s Department 20:10,14; 21:25;39:9,11,12,14,21, 22, 25; 40:17; 42:10; 43:3, 9,16; 44:14; 45:3; 48:21; 56:13; 76:2,19; 79:19; 87:13; 161:16; 231:20; 244:16; 257:19; 283:14, 15; 295:2 depend 222:22 depended 173:14 dependency 299:9 depending 131:21; 203:6 Depends 100: 17; 159: 16; 314:15 deponent 7:18 deposltion 7:8,10,15; 11:17;12:1,5;14:2;16:4; 17:20; 18:1, 11, 12; 88:21; 116:1; 117:3,13; 118:4, 10; 133:17; 134:25; 135:23; 136:20; 137:10; 138:6, 9,10; 147:20; 161:19, 20, 20;162:15; 163:6; 165:20,23;166:19; 167:8, 16;169:2, 8,18; 171:16;187:22;191:6; The American Tobacco Company, et aL November 11, 1996 control 33:25; 34:13; 84:15;137:11;165:11 controlled 94:22 controls 7:15 Controversy 87:21 convenient 135:1 conversation 147:12; 222:18,19; 235:7; 311:21 convarsations 85:1; 223:22; 234:6; 311:25 Cook 191:12; 194:15; 239:17 cooking 20:25 coordinating 245:25 copied 141:13 copies 55:17; 67:4; 80:25; 81:3; 274:6; 275:20, 23; 277:2; 288:10, 11 copy 18:19; 43:25; 44:4; 46:16; 55:24; 82:16; 87:23, 24; 88:12; 91:23; 115:19;117:15; 124:6; 140:4; 142:4,17,21,22; 169:19; 218:10,12; 223:2; 248:18,19; 258:3, 5; 259:2; 264:12; 272:10,11 corner 60:3; 204:24 corporate 53:7; 77:3 corporation 77:4 correctly 69:21; 186:20 correspondence 167:21;168:1,2 couch 252:7 couldn't 104:21; 105:2; 133:14;183:12,13; 221:5; 290:12,15, 23; 313:15; 314:4 Couacll 11:3; 199:5; 204:21; 205:2, 9; 211:11; 278:5,13,14; 279:5, 9,17, 23 counsel 8:9; 42:19; 48:11; 49:12; 72:18; 83:12; 86:13; 91:20, 25; 111:14;116:3;146:20; 150:11;194:1;198:14; 213:19; 244:1; 245:5,15; 252:11; 258:21; 259:12, 12,22,23; 262:19; 267:23; 268:11; 270:6; 271:15; 272:2;273:4;275:11; 278:11,15; 281:5; 282:21; 300:4, 8; 308:25; 310:23 eounsel's 17:15; 258:23 Counsellor 193:22; 209:12: 233:9; 299:24 Counselor 159:4;183:7; 184:7;187:9; 200:6; 206:5; 209:18; 247:4; 248:17; 252:23; 253:4, 21; 298:7; 312:7,16 count 248:1 counter 152:21 counting 154:9 country 85:7; 186:24 County 120:21 couple 40:3; 41:12; 52:14;167:10;275:23 course 34:5; 71:13; 94:23; 97:21;119:25; 142:9,13,18;167:2; 172:7,10; 203:1; 210:11; 227:2,14,15,18; 245:3; 247:23; 260:24,25; 261:2, 8; 282:18; 301:23; 306:20; 311:20 courses 21:10; 97:15,16 Cour17:9,16;11:16; 12:8;14:24, 14:24,25; 16:112; 23:10; 25:6; 44:6; 59:19; 83:1; 91:22; 115:17;116:3,5,7,19,20; 117:1;118:4;133:12,13, 23; 134:1,8,17;135:9; 136:18;138:1, 2; 139:9, 14,15,16; 161:12; 162:21; 164:10,17,25;167:22; 202:18; 235:23; 244:24; 245:1; 259:16; 260:7; 273:25; 274:1; 308:2, 3, 5, 6,15 Court's 117:12,13, 22, 23; 138:12; 245:6 courtesy 169:15,19; 171:13 courlhouse 44:2 courtroom 13:23; 134:9; 164:8, 22;171:10,12,14; 274:5,7 cover 265:10 cover-up 34:19; 35:5 eovered 35:11,17; 170:18 Crawford 9:11. 12,13 create 85:6 created 33:5; 73:22 criteria 144:12 crhicism 285:9 crRicisms 38:4 critique 38:10 crhiqua 38:5 cross 135:25, 25;167:2; 265:13; 280:12; 281:18; 282:19; 309:10; 310:2 crossaxamination 12:4; 57:16; 91:14; 162:3, 13;164:13;165:6;168:25; 202:12, 21; 260:19, 22; 265:11;266:10,14; 282:22 cross-examine 84:24; 119:12; 121:1; 143:19; 162:23;171:1; 265:11 cross-examined 165:5; 265:18 crossaxamining 161:13 crucial 258:1, 7 CTR 67:6,10; 206:18; 207:7; 289:19 cuhure 77:3 curo 121:9 current 14:9;16:16; 20:17; 184:22; 199:24; 209:20; 278:2 currently 14:11; 16:17; 93:12; 209:10 curriculum 18:14; 94:12 custody 33:25; 34:12 cut 27:7; 60:10; 77:22 cutofi60:11; 77:10 cutting 58:14 cytology 65:15,17 D D 24:25; 141:4; 172:20; 244:3;269:15 daily 33:8; 74:5 damage 65:11,14; 66:3; 74:7;129:25;130:25; 271:2 damaged 211:20 data 40:8; 62:24; 75:12, 15,18,19, 20; 247:10,11, 12; 249:1; 261:24; 292:10; 306:12,19,23;313:16; 314:8,25 database 89:15; 178:9 date 23:3; 31:18; 36:22; 45:25; 56:3; 148:8; 150:7; 184:6,8;196:12,16; 198:21; 312:22 dated 75:6; 82:13; 88:16; 142:2; 203:22, 24; 279:7 daughters 16:25 Davld 10:12, 14 Davls 262:19 day 11:25; 34:1; 43:22; 44:7; 45:21; 56:15; 62:12; 119:16; 166:23,25; 167:1, 3; 241:10, 11; 258:23; 262:12; 267:9; 273:3, 5; 277:23; 278:3 days 40:4; 43:11;183:16 deal 132:11; 195:19; 237:20 dealing 49:1; 116:12; 223:11 deals 191:16; 195:14; 238:8 deaR 258, 9; 96:4; 123:23; 127:12; 129:14; 145:8; 173:4,23; 181:10; 205:24;208:19,24;209:9; 216:15 death 130:23; 233:3 deaths 59:24 DeBakey 214:15 Docember 66:19; 73:5 deckle 170:5 decided 107:24;177:20; 183:4; 217:4; 237:16 decisbn 47:25; 89:2, 2, 4;170:15;177:24;182:22, 25;183:3, 8,10; 229:20, 11iin-U-Scdpt® Joseph E. &lmgarner 194:9; 196:7; 201:17; 209:24; 216:2; 219:2,9; 222:20; 223:24; 226:8; 244:22; 245:3; 246:11; 266:4; 275:2; 301:23; 302:18; 303:8, 23; 304:11 deposkions 7:15; 12:10 depository 135:17,19; 137:3, 4;167:20;168:6, 11,14 descended 202:9 describe 23:21; 25:5; 28:19; 32:12; 39:6; 44:5; 63:17 described 28:6; 64:23; 81:24; 86:24; 87:4; 100:4 design 96:18; 131:20,24 designated 11:19 designation 132:24; 133:4 desire 299:6, 6 desk 171:21 desperately 171:7 destroyed 43:9,12,15; 79:22; 89:18; 109:24; 235:14; 241:17, 20; 242:2, 7;243:10;249:5,14; 250:5;257:4,19:283:19 destruction 217:22 detect 73:19 deteriorate 219:15 determine 20:24; 33:1; 54:7; 64:5;129:9;146:13, 14; 149:4,7, 8; 151:12; 152:6;160:13;197:17; 198:16; 247:24; 249:15; 250:2 determined 180:3; 242:1 determining 20:24; 100:6; 128:7; 149:17 develop 13l :16;132:11; 148:18; 181:4 developed 71:3; 127:24; 151:24;159:20;179:7; 181:1; 204:9; 281:13 developing 20.24; 21:6; 132:7;146:4;149:10; 151:11 development 25:1; 30:8; 73:16; 99:12; 125:23; 132:21; 143:2; 144:7,20; 145:15; 146:18,23; 147:25; 148:14; 149:3; 165:13;190:8,10,17; 249:16; 269:16; 285:20 developmental 174:17, 23 developments 217:23 devoiops 182:4,6 device 28:2 diagnostic 219:16; 300:2, 3 dictate 170:2 die 282:3, 5 died 30:1 diet 296:19,20,22 51538 4930 (5) control-di.et
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1
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CASE NO. CL95-1466AH Reynolds objects to this request on the grounds that it is overbroad, unduly burdensome, and seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Reynolds, objections are based, in part, on the fact that this request is not even limited to market research relating to the placement of cigarettes or other tobacco products. This request accordingly purports to require Reynolds to search its records for any "market research" that may pertain to the placement of any product in so-called 'convenience stores" without limitation as to time or geographic location of store. REOUEST NO. 84: All documents discussing the health effects of your product on humans. RESPONSE : Subject to and without waiving its objections, Reynolds states that it has produced literally tens of thousands of documents to the Minnesota Depository that are potentially responsive to this omnibus request. To the extent that this request purports to seek additional or.different documents, Reynolds objects to it on grounds that it is overbroad, unduly burdensome, fails to etate with reasonable particularity the documents sought, and seeks documents that are neither relevant nor reasonably calculated to - 64 -
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA THE STATE OF FLORIDA, et al. ) CIVIL DIVISION Plaintiffs, ) CASE NO. CL95-1466AH V. THE AMERICAN TOBACCO COMPANY, et al. Defendants. DEFENDANT R.J. REYNOLDS TOBACCO COMPANY'S RESPONSE TO PLAINTIFFS' OCTOBER 4, 1996 REQUEST FOR PRODUCTION OF DOCUMENTS TO R.J. REYNOLDS TOBACCO COMPANY AND RJR NAEISCO. INC. Pursuant to Rules 1.260 and 1.350 of the Florida Rules of Civil Procedure, defendant R.J. Reynolds Tobacco Company ("Reynolds") responds to Plaintiffs' October 4, 1996 Request for Production of Documents to R.J. Reynolds Tobacco Company and RJR Nabisco. Inc. (plaintiffs' "requests") as follows: I. GENERAL RESPONSES AND RECURRING OBJECTIONS A. Incorporation of Prior Recurring Obiections Reynolds incorporates its General Responses and Recurring Objections to Plaintiffs' First Omnibus Request for Production as•if fully set forth herein. B. u e Reynolds additionally objects to each individual document request that purports to seek "all" documents on the ground that it seeks to impose an enormous and improper burden on Reynolds beyond that contemplated by the discovery provisions of the Florida Rules of Civil Procedure. See Richland Wholesale ~ DEPOSITION EXHIBIT . ` ~ Lll.e )1-ftfi
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The State of Tezas v. Joseph E. Bumgarner The American Tobacco Company, et aJ. November 11, 1996 hs] MR. GROSSMAN:I'd love you to u91 read the answers to those questions. 120] MR. MOTLEY: I'd love - 12» MR. GROSSMAN:I wish I had the 1221 oppottunity- 123] JUDGE RADFORD: Excuse me. [z41 Excuse me. I think the record will speak for [rn itself. Whatever is said in these records, I Page 275 ttu think the transcript at least has been offered as [zl an exhibit to the dep osition. If not, it can be. 131 MR. MOTLEY:AR right. [+l JUDGE RADFORD: Speak for [si itself. Thank you. [6] MR. MOTLEY:Thank you, sir. [n 0: (By Mr. Motley) Wh'de you were [sl employed by Reynolds, sir, did you believe you [9] were free to discuss the contents of these aol notebooks which have been given you today by p» coun- sel for RJ. Reynolds 25 years later? uzl A: Repeat the question. [1310: When you were employed by Reynolds and nU you had your note- books in your possession, did you risi believe you were at libettyto discuss the tt6] contents of your findings with out- side scientists? [tn A: No. psl 0: And this is 1996, correct? p91 A: Correct. tml 0: And you have received copies of this 1211 notebook for the first time since 1970, here [nl today? [231 A: I saw a couple copies at Womble [2.1 Carlyle prior to this, but the others thatwere usl presented heretoday,this is the first time that Page 276 [t] I'd seen them. [2] 0: Now,youwereaskedaboutrabbits and 131 rats and Guinea pigs and rabbits and dogs and [a] cats. Do you remember that? ts] A: Yes. [6] 0: Are rabbits the same thing as rats? m A: No. Genetically they're not. [s] 0: And I showed you documents earliet tst where emphysema was ptv duccd in rats and in [to] rabbits? [tq A: Correct. pz10: Tell us why, sir, your laboratory in [t31 March of 1970 did not select ad- ditional species of lte] animals and the sex -both sexes of rabbits and n s] tats to do further expet9ments. [161 A: There was limited facilities for [171 exposing. We had to - a protracted period of usl time that it took to do the exposures [t910: Whydidn'tyoudotheminApt9lof tzol 1970? InAprii of 1970,whydidn't you [zq MR. GROSSMAN:Objection. That's [z21 a rhetorical question, obviously. The record [231 shows he no longer worked at R J.Reynolds in Izal April of 1970.That is not appropriate redirect. t25i 0: (By Mr. Motley) Has RJ. Reynolds Paga 277 ul presented to you today or on any occasion when you u] were at Womble Carlyle in 1992 copies of research 13] on female rats and male rats and female rabbits, [+l male rabbits, did they expose to smoke inhalation [sl like you were doing before you were fired in March [61 of 1970? DI A: No, they did not. [s] Q: Do you know what the position of [91 RJ. Reynolds Tobacco Company is today, sir, as we [toi sit here in Beaumont, Texas, inNovemberof 1996,[ttI astothe simple question of whether cigarette uzl smoking is a cause of emphysema in human beings? [t31 MR. GROSSMAN:Objection to form [1+i and foundation. This witness hasn't worked at [ts] RJ. Reynolds for 27 years, has not followed the [16] smoking and health literature, has not even read Inl the surgeon general's reports. How can he [ta; possibly testify what Reynolds's position is on p91 smoking? [zo]MR.MOTLEY:He may know. 1 [211 don't know. [221 MR. GROSSMAN:Asking him to [231 speculate as you have throughout the day. [2s1 JUDGE RADFORD:If you can an- swer t2sl the question, you can answer it, sir. Page 278 iq THE WITNESS: The answer is I do 121 not know what current company policy is as of this 131 day. tn Q: (By Mr. Motley) You were asked a isi number of questions about the Coun- cil for Tobzeco 161 Research. Do you recall that? nl A: Yes. [s10: Sir? [9t A: Yes. [to] 0: This is a statement of Henry Ramm, nn former general counsel and vice president of psl RJ. Reynolds Tob- acco Company, to the executive t131 committee of the Council for Tobacco Research n<l November 30,1970.Is that the same Council for nsl Tobacco Re- search that counsel showed you an p61 article that was - p7] MR. GROSSMAN:You must be able [tsl to come up with a better question than that. 1t91 That's so clearly in- appropriate. tzol MR. MOTLEY:Judge, I think - 1211 MR. GROSSMAN:I object to form. [221 This is rhetorical, it has nothing to do with [xil redirect,and it's improper as to form. [ul MR. MOTLEY: He needs a black 12s) robe, judge. He just - he ndes on my question Page 279 in before I get done. [2] JUDGE RADFORD: I'R let you [31 finish your question. If he can answer it, he [al can. [si 0: (By Mr. Motley) The Council For tsl Tobacco Research, do you recall he showed you an nl article dated 1972? [el A: Yes. W10: Said it was funded by The Council For [to] Tobacco Research. Do you re- member that? iw A: That's correct. [1210: When you were with RJ. Re- ynolds, you [131 knew who Mr. Ramm was, didn't you? [1el A: Who Mr. Ramm was? No, I did not. us10: You did not know who Mr. Ramm was. [l6] Have you ever seen Mr. Ranun's comments on what The inl Council For Tobacco Research's money has been [ta] spenton? [191 A: Not to my knowledge, that I re- member. [zo10: Do you have any information that the t2n lawyers, including RJ. Reynolds' lawyers,were uzl conducting interviews with scientists before they 1231 were hired to do work for The Council For Tobacco 1241 Research? tzs] MR. GROSSMAN:Objection to the Page 280 plform of the question. [2] JUDGE RADFORD:I'11 let him [31 an- swer. [+1 THE WITNESS: No. [s10: (By Mr. Motley) Do you havc any [61 information to share with us, sir, as to why [7l lawyers for RJ. Reynolds would be editing [s] scientific research before it was published ir- the [9] medical lite- rature? no]MR.GROSSMAN:Lack of [u] fouo- dation, and goes directly against what this [12] witness testified, both on direct and cross. u3] 0: (By Mr. Motley) Do you have any n+l information, sir? Osl JUDGE RADFORD:I'U let him 1161 answer the question. [1710: (By Mr. Motley) Do you know whether ual or not lawyers for RJ. Min-U-Seri; 51538 4919 (4T) Page 275 • Page 280
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The State of Texas v. The American Tobacco Company, et aL this that reads - is] what does it say? "Privileged & Confidential"? esl A: Yes. m Q: "Report on the RJ. Reynolds Tob- acco isl Company's Biology Research Division." Do you see 191 that, sir? [tol A: Yes, sir. 11110: And it's prepared by members of Jones, [1:1 Day,Ravis & Pogue in Cleve- land, Ohio? 113i MR. GROSSMAN:Objection. It [t41 wasn't prepared by- [tsl 0: (ByMr.Motiey)For.For.Do you [1s1 see that, s'v? [m A: Yes. ha] 0: Okay. Now, I ask you, sir, Mr.- p9i counsel for RJ. Reynolds from Jones, Davis asked tm you sonte questions about what was published and [2ti what was not published. Do you recall that? [ul A: Yes. [z310: When I asked you to review this [as1 document, which is some 180 pages or so long, I[ssl asked you to look at the document and you did Paga 26a in that, did you not? [2i A: Yes, I did. [3i 0: You've had that document for weeks if i+l not months, correct? [s A: That's correct. cai 0: And does it «take reference, sir, in m the footnotes, to reports that were provided to [el Dr. Brubaker back in 1985? Isi A: Yes, it does. [1010: It makes reference to numerous utl reports, does it not? [121 A: Yes, it does. u310: And it ntakes reference to other [u+l documents that you have not seen here today, does usl 'n not? usl A: That's correct. [m 0: Now,and inthe mission statement [tsi Dr. Brubaker sets forth what all he was given u91 access to, correct? [zo] A: That's sutmnarized, yes. [zn 0: And you were not given access to that [ul here today, were you? [r31 MR. GROSSMAN:Objection to the [ul form of these questions. These are leading usl questions that are rhetorical ratherthan - Page 264 nl JUDGE RADFORD: Please don't lead [21 your witness. [31 MR. MOTLEY: Yes, sir.Thank [41 you. [s10: (ByMr.Motley)Were youprovided [61 these documents here today by RJ. Reynolds, the m documents they gave Dr. Brubaker ten years ago? [si A: No, I was not. l9i 0: All right.Would you please look, itol sit, at page 137 of Dr. Brubaker's report for the nq RJ. Reynolds company law- yers? [t2] MR. GROSSMAN:Do you have a copy [t3] for me, by the way? [tsl MR. MOTLEY:Sure. Yeah. Take a[tsl second to get our notes off of it. (t61 Q: (By Mr. Motley) Do you have page 137? [n) A: I do. [1al Q: Would you look at the bottom, sir, the [t91 sentence that starts, "There's no evidence"? [zo1 A: Okay. [2t] 0: All right. Do you see reference by [22I Dr.Brubakeras to whetherornot any of the [z31 smoking and health research that was done during [r+l the period of time that you were at RJ. Reynolds [zsl was ever published in the open lita tature? Page 265 iii A: The statement says that it was not. [21 Q: That it was not? [3t A: That's correct. [+10: So the information RJ. Reynolds [sl provided for Dr.Brubaker indicates they did or 161 did not publish in the open literature that pl information? [el MR. GROSSMAN:Objection to the [91 form of the question and objection to the nature [,o] of redirect.This does not cover any matter of ptl cross-ex- amination.I didn't cross-examine on Mr. Bumgamer on the Brubaker document, on the u3l contents of the Bntbaker document, nor did I cross [tal him on this subject matter generally. psl MR. MOTLEY:Your Honor, he - [16] MR. GROSSMAN:This is improper [nl redirect. [tal MR. MOTLEY: He crossexamined u91 him and made the suggestion - he said you don't [aol know whether they pub- lished the literature after [21i you left or not. He asked him the very question. [nl MR. GROSSMAN:I didn't.I asked 1231 himabout whetherhe readthe literature [zsl generally. usl MR. MOTLEY: No, sir.You asked Page 266 itl him whether - he didn't know whe- ther 121 RJ. Reynolds published the informationor not and [31 youproceeded to make reference to something F+] Colucci said out of a deposition that half the [sl pages were redacted from. [6] MR. GROSSMAN:No. That was a m meeting attended by Dr. Colucci in 1969 while he [al worked at RJ. Reynolds. I made no reference to [91 such questions. Joseph E. Bttmgarner November 11, 1996 There is absolutely nothing in iiol the record on the cross-examination about that. [tu And this is absolutely in- appropriate redirect. uzl Not only is the question improper as to form, it's ![31 leading and pregnant with improper implications, [tsl but it has nothing to do with crosstxamination; [ts] it's rhet- orical only. 1161 MR. MOTLEY:I hope that gives [ni birth to a good ruling, your Honor. usl JUDGE RADFORD:Petmithimto u9i answer that question. I see where you asked him [20l whether or not he was aware after'69-after [zt] March of'70 if any of the research had been [zzl pub- lished and then directed him to a Feb• tuary'72 [231 publication that came out, [2+I MR. GROSSMAN:Otherresearch, [zsl your Honor. Whether any - Page 267 nl JUDGE RADFORD:I'm going to [z] permit him to - t3] 0: (By Mr. Motley) Answer my quest- ion. [sl Let me rephrase it, sir. Dr. Bruba- ker, according [sl to this document, was hired by the same lawfum 16] that's been asking you questions here today, m correct? [al A: If that's - [910: Jones,Day. Got h[s initials on his nol bag down here, okay? [ttl And the report in its entirety [[z1 indicates they turned documents over, correct? [131 A: That's correct. I1410: And then Dr. Brubaker makes an [tsl observation or a conclusion at page 137. Would [t61 you read that into the record again? [nl A:'There is no evident in the rctrorts [is1 that such policies were not endorsed by" 119] Reynolds - "IuR; however, since we found no [ml reports that any of the Smoking and Health [xq research was published in the open literature, [ui judgment on this issue remains ques- tionable" [2310: All right. Now, did counsel for ;zal R J. Reynolds, who hired Dr. Brubaker, give you [zs1 any document today that indicated that they _ Page 268 Itn published the type research you and Dr.Colucci [zlwere doingback inthe late '60s and early 1970s? 131 MR. GROSSMAN:Objecrion to the [41 form of the question.I didn't suggest that I[51 gave him such a document. What possible purpose [st could a question - m JUDGE RADFORD:Rephrase your [si question. [91 MR. GROSSMAN:- of this kind uo[ have? Mia-U-Scri 51538 4 917 (45) Page 263 - Page 268
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CASE NO. CL95-1466AH RESPONSE: This request is redundant with Request No. 1, among others. Accordingly, Reynolds incorporates its response, including its objections, to Request No. 1 as if fully set forth herein and further states that the referenced document is being produced to the Minnesota Depository. REOUEST NO. 80: All studies conducted by your Market Research Department designed to determine the effect of sampling on cigarette consumption. RESPONSE: Subject to and without waiving its objections, Reynolds states that it has produced (and is producing) documents to the Minnesota Depository regarding market research and sampling that may be responsive to this request. To the extent that this request purports to seek additional or different documents, Reynolds objects to it on the grounds that it is overbroad and seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Reynolds further objects to this request insofar as it seeks documents that relate to claims that are preempted by the Federal Cigarette Labeling and Advertising Act, codified as amended at 15 U.S.C. §5 1331 et See C}pollone v. LidQett Groun Inc., 505 U.S. 504, 112 S.Ct. 2606 (1992). REpUEST NO. 81: All memoranda entitled "What RJR Needs to do to Increase Business." - 62 - Ln Ln w co a ~ Ln 0
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CASE NO. CL95-1466AH information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. REOUEST NO. 87:, All documents generated in conjunction with R.J. Reynolds' in-house biological testing facility (commonly known as "The Mouse House") in Winston-Salem, North Carolina. RESPONSE: Subject to and without waiving its objections, Reynolds states that it has produced documents called for by this request to the Minnesota Depository. To the extent that this request seeks additional or different documents, Reynolds objects to it insofar as it purports to seek documents that are subject to the attorney- client privilege, the work product protection, the joint defense or joint interest privilege, and/or any other applicable privilege or protection. REOUEST N0. B8: All documents authored by Brubaker Associates, Inc. on your behalf. Reynolds objects to this request on•the grounds that it seeks, and is'known by plaintiffs' counsel to seek, documents that were prepared by a litigation consultant for outside counsel to Reynolds in anticipation of pending and reasonably anticipated ~itigation. These documents are protect.d from discovery by the attorney work product and opinion work product doctrines. - 66 -
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Joseph E. Bumgarner November 11, 1996 difference 182:8 dil/erences 83:24; 155:8 different 84:19; 87:14; 152:7;154:25;155:16; 156:14,14;160:14;164:4; 174:14;182:6, 8; 200:14; 206:22;207:2,13;19; 285:15 diHerently 131:20 dilfkult 29:20; 47:24; 150:14, 23; 282:11; 299:18 diffkutties 29:23 difflculty 162:11 diffuse 70:21, 23 dilution 28:4 dinner 294:14 direct 111:6;120:8; 135:23; 139:2; 140:20; 143:24; 146:25; 148:16; 161:24; 166:3; 171:20; 188:7; 189:25; 192:11; 193:6; 194:19; 200:24; 204:22, 23; 210:13; 235:7; 248:12; 253:6,13, 24; 260:21; 261:10,14; 280:12; 281:17; 282:19; 288:20; 310:2 directed 132:16;266:22 directing 110:24 direction 52:24; 251:17; 252:3 directions 250:23; 252:12 directly 26:24; 27:1, 8, 25; 50:13; 191:24; 226:16; 241:21; 242:25; 280:11; 296:24; 297:1, 4 director 22:15,16; 32:21; 86:15, 21 directors 232:20 disagree 13:4; 57:11, 21, 24 discharge 44:7;114:16 discharged 43:16, 21, 23:108:19; 240:18; 249:21; 250:20; 253:17 disclose 164:24; 258:11, 16; 292:4 disclosure 245:14,16 discovery 12:11; 138:11; 167:24; 170:7; 246:1 discuss 37:7,10; 53:23; 112:14,19; 113:12,18; 150:3; 166:10; 179:21; 187:7; 225:5; 226:5; 227:21;234:3;236:21,23; 270:19; 272:18; 275:9,15; 292:6,12; 305:25; 306:24; 311:21 discussed 74:4;122:19; 141:22; 224:5, 20, 22; 228:14; 230:12; 234:20; 236:16, 20; 237:7; 305:19 discussing 122:6; 166:10;187:4 discussion 200:19 discussions 15:13; 142:16 disease 33:3; 58:17; 97:8, 11; 155:19,25; 178:12,23; 179:17,20,22, 24; 180:15; 192:5,6,12, 15; 214:3; 216:12,16,18, 21;218:10;220:5;271:23; 274:17;289:15;295:11, 13; 296:15,16, 25; 297:2, 3.5 diseased 73:20;178:6, 8; 180:11 diseases 155:23;156:2, 4; 158:11,14; 180:1,7; 213:20, 21, 22, 25; 214:1 dismissal 31:24;45:10; 238:6; 254:3; 290:24; 304:24 dismissed 41:9; 44:8; 45:18; 48:7; 52:18; 53:18; 54:12; 256:21; 291:3,17, 23; 292:1 disprove 233:13 dispute 122:22, 25; 123:2; 153:13; 211:13; 252:16,24 disputes 167:24 disrupt 246:11 dissatisfaction 286:7 dissections 145:8 dissimilar 87:4 distinction 189:15 District 7:12;134:17; 170:8,14 dives1107:21 divested 237:23; 252:19 division 22:25; 24:7; 25:1; 26:5; 44:11; 49:8, 9; 98:25; 101:25; 102:4; 104:4, 21;108:3,15,18, 21; 109:17,19; 110:25; 111:20; 113:19; 114:17, 23; 123:15; 125:22, 25; 158:17, 21; 204:10,16; 230:5, 9,13; 233:2; 241:7; 244:4; 250:21; 251:25; 252:18; 254:22; 262:8; 268:15; 285:23; 290.9; 294:23 divorce 16:7 Doctor 156:7;193:18; 197:10,11;296:4,17 doctoral 97:12 doctors 297:16 document 24:21; 46:12; 53:2,4;66:22;67:19; 249:23 68:23; 69:1; 71:2, 8,19; down 15:13; 29:10,11; 78:25; 79:8; 82:21; 83: 1, 39:8,17; 40:12; 41:2; 13,17; 84:16, 25; 87:15, 46:13; 68:4, 9; 69:16; 76:7; 18, 25;88:16;92:11; 103:8; 117:6; 127:17; 116:9; 118:14; 119:3; 161:18;168:18; 169:25; 120:16; 121:1; 125:14; 174:11; 175:8; 177:16; . 133:6; 138:20; 140:10; 194:21;221:4,6,8,19; 141:9.11,13,14,22,24; 222:1; 225:2; 226:2; 142:7,25; 143:3,7, 10, 11, 233:3; 239:6; 245:21; 13,15,17, 20;144:8; 147:24; 148:4; 169:6; 172:3; 176:10;191:18; 199:7; 244:15; 253:15; 254:1; 258:3; 259:3,11; 261:3,19;262:1,24,25; 263:3; 265:12,13; 267:5, 25; 268:5,15,16; 274:11; 285:11,16; 286:13; 301:8; 304:14; 309:12 documentation 226:18 documented 171:22; 274:5 documents 25:2; 67:11; 68:16; 71:12; 91:21; 92:8; 115:15,22;116:17,24; 117:1; 118:12; 119:10,21; 133:9; 134:5,16,21, 23; 135:14,18;136:3,17; 137:6, 7,15,19;138:3, 4, 8,15;139:1;142:12,18; 162:4, 5,16, 23;163:3, 5, 8,11,14;164:12,15,20; 165:5,12, 25; 166:1, 12, 14,17,18;168:9,10,12, 13,16, 23;169:12,17,18; 171:3,9,9,11,13; 194:5; 226:21, 24, 25; 227:1; 239:11; 244:9,10,17, 20; 245:13; 246:1; 255:18; 260:4,13; 263:14; 264:6, 7;267:12;268:12;276:8; 289:18,19,19; 302:12,17, 20, 23; 303:7, 9,11, 21, 25;309:19 dogs 188:9;189:5, 8,10, 12; 276:3 Donaldson 311:17, 25 done 26:13,14; 52:19; 67:23; 73:1; 78:21; 79:5; 95:7,14; 96:8,11,14,17, 20, 23; 97:2, 5, 8; 111:20; 125:10,21,23;141:20; 156:8; 157:17,24; 162:25; 169:16;173:7;174:5; 181:19; 186:5,12,19,23; 192:2, 8;198:19;199:16; 201:4,13; 220:9,10; 227:5; 238:1; 240:2; 241:14;242:21;251:11, 19; 259:13; 264:23; 268:24;269:6;270:19; 279:1; 284:12; 292:22, 23; 293:6, 10; 299:21; 309:8; 311:1,17;313:14,25 door 163:13, 22;164:7 doors 239:10 dotreacotane 151:18 doubt 149:20; 150:8; The State of Texas v. The American Tobacco Company, et aL 267:10; 269:25; 285:22; 294:1; 296:18, 22 Doyle 64:16,19; 65:21 dozen 173:16 dozens 186:11;274:13; 301:25 Dr 22:13; 24:17,18; 32:14,15,17,18,19, 20; 44:20; 46:3, 5,13; 47:1; 52:16; 53:3, 5; 56:11,14; 57:11, 22; 58:1, 2; 59:7, 17; 63:13,14; 64:23; 67:2, 3,13;69:2,11,12;71:25; 79:2, 7; 86:15, 20; 93:25; 94:21, 21; 98:12,15,18; 99:7,16; 100:13; 101:9; 103:7;104:10,13;118:16, 17; 119:6,9; 121:24; 122:18; 123:16,22; 126:22; 128:8; 142:16; 147:3;154:18;172:15,16, 21, 23;177:10,13;179:21; 180:4; 182:20; 188:4; 230:21, 22; 231:3, 6,10; 234:11,12,13,17; 235:4; 240:24; 241:1,22,23,24, 25; 242:15,25; 243:6, 10; 247:10,12;249:20,23; 250:10; 253:11, 16; 257:3, 11,12,18; 258:22; 259:13, 14,17;260:5,18,21,23, 23; 263:8,18; 264:7,10, 22; 265:5; 266:7; 267:4, 14,24;268:1,13;269:6; 272:5,14; 273:10; 274:15; 284:19; 285:19; 300:23, 25; 301:10,14,24; 307:6; 308:22; 311:11; 312:20, 25 draft 79:13; 140:2; 141:11,12 drastic 65:5 draw 38:2; 197:6 drawn 300:13 draws 28:3 Drive 14:7;16:13 driven 109:20 dropped 80:8 Drs 150:10; 191:12; 194:15 drug 104:7; 107:2,2; 111:17; 132:22; 144:10, 23; 192:15; 299:7 drugs 102:22; 103:1,4; 104:14; 106:25; 108:4; 113:3; 126:16; 132:13,15, 16,17 due 299:8 duly 15:19 during 26:3; 30:1; 34:5, 9; 38:21; 45:10; 67:22; 71:13; 72:15; 109:16; E E 14:7; 15:17; 16:10 each 13:5; 72:22; 75:6; 93:24; 150:2; 285:2, 4 ear 153:7 earlier 38:20; 55:4; 72:1; 91:8; 99:6;104:3;172:25; 174:15; 181:15; 204:6; 207:21; 208:1,15; 215:6; 231:2 1; 233:24; 237:11; 248:14; 250:3; 253:8, 24; 257:2; 268:21; 276:8; 290:7; 291:2; 292:6; 295:10,11; 296:1; 298:24 early 34:2, 9; 55:6; 268:2 ears 155:15; 165:11 easlly 17:6; 135:10 Eastern 7:12; 170:8, 14 essy 299:17 eating 281:6, 7 eats 212:3, 3; 281:11,14 economic 52:24 Ed 44:18;238:11,12,18 edge 58:14 edit 280:23 editing 280:7,19 education 147:5;193:15 Educational 193:8,19; 195:14 effect 33:5; 53:6, 10; 58:7; 84:10;158:8; 190:17; 195:17; 198:16; 205:24; 299:9 elfactive 168:25 effectiveness 192:1 effects 156:25; 158:9, 11, 12,14,17,21;161:17; 181:19; 188:4; 192:17; 197:17 effort 168:23; 244:3 efforts 72:4 effrontery 116:19, 20 egregious 134:7 either 7:24; 51:16; 95:15; 116:23; 119:20; 163:8; 166:5; 176:3; 186: 1; 190:23; 191:1; 230:23 elastase 217:15, 15, 20, 21; 289:10 elastln 21736,22 elements 217:17 elicbed 166:6; 286:5 eiiminate 53:6 eliminates 23:25 Ellen 10:10 else 13:1;18:20; 46:4; 123:14; 132:10; 148:12; 61:19; 140:6; 183:5; 150:4; 164:12; 166:2,5; 187•5;226:13;234:25; 195:5; 245:2; 264:23; 236:11;300:20 311:19,20 elsewhere 94:20; Dutch 177:18,20,22 183:25;186:19,24; duty 258:10,16; 292:4 213:13; 239:23 difference - elsewhere (6) Min-u-Scripto 51538 4931
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CASE NO. CL95-1466AH RESPONSE: Subject to and without waiving its objections, Reynolds states that, based upon a reasonable search of its relevant business records, it has not located documents titled ^what RJR Needs to do to Increase Business." To the extent that this request purports to seek additional or different documents, Reynolds objects to it on the grounds that it seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. REOUEST NO. 621 All market research conducted in conjunction with the development of ten cigarette-sized packs. RESPONSE: Subject to and without waiving its objections, Reynolds states that it is conducting searches to ascertain whether it has documents responsive to this request and whether such documents have been or are being produced to the Minnesota Depository. Reynolds will supplement this response if it locates any responsive documents. REOUEST NO. 81: All market research on product placements in convenience stores. RESPONSE: - 63 -
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Joseph B. Bumgarner The State of Texas v. November 11,1996 The American Tobacco Company, et aL Reynolds were engaged in n91 the edit- ing of scientific titctature before it was wi published in journals? ijtl A: I don't have any petsonal in- formation [ul on that. [=310: Have you ever let a lawyer edit your [2+1 research, before you published it, on a scientific [nl issue? Page 281 [aA:No. R1 Q: Who was Roy Morris? Did you know- [sl A: No. 14] 0: Do you remember one of the articles isi that counsel for R J. Reynolds gave you where they m said something about cigarette smoking eating nl germs and eating lung cells? [s1 A: Alveolarmactophage, that's one of the t91 toles they play, is they will pick up particulate [tol material in bacteria. uu O: What is it that eats lung cells? 1121 A: To my knowledge, that period of time 11131 worked for Reynolds, that was not developed, what 1141 eats lung celis was not - we looked at usl surF.ctant. n610: Now, Mr. Bumgarner, I didn't ask you tnl these personal questions on direct but they were [tsl brought up on cross about your personal smoking uv] history. [ml A: Yes, sir. [2tl Q: You said "fear is a nmrvelous [22) incentive" wi A: Yes, it is. w10: What did you mean by that, s'tr? [n] A: I had a heart attack. I was told by Page 282 iii my cardiologist that smoking was a major [2] contributor to that and if I continued smoking I[31 would die. w] 0: You would what? isi A: I would die. [610: Did you attempt, then, to quit smoking nl cigarettes? [sl A: After my heart attack? 1910: Yes. wi A:I did. utl Q: Did you find it difficult to do? [121 A: Extremely. u310: Did you learn at Reynolds any- thing ua about the addictive properties of nicotine? ost A: No. [IS] 0: Did you observe rabbits smoking? [vl A: Yes. os] MR. GROSSMAN: Beyond the course 1191 of direct or cross, your Honor. I'm going to have [ml a substantial re-cross at this point and I can't [nl believe the extent to which counsel is going [a] beyond the cross-examination in his redirect. 1231 JUDGE RADFORD:I'U permit you [xtl to re-cross the witness. [2s10: (By Mr. Motley) Sir, as you sit here Page 283 [tt today as a scientist, do you have an opinion, 121 based upon reasonable scien- tific certainty, as to [31 whether or not nicotine is an addictive substance? [41 MR. GROSSMAN:Objection to [sl foundation as well as form.The man has not [sl testified to any knowledge of behavioral science. pl JUDGE RADFORD: I'll let him ts] an- swer. [91 THE WITNESS: From my own no] per sonalexperience? pn 0: (By Mr. Motley)Ycs, sir. tt2] A: In my opinion, it is addictive. 11310: You were asked questions about the tt41 closing of the biology research department - [ISl biological research depattmentand thatyou didn't II61 know exactly who did what but that what you knew [nl was that they got your note- books,they promised ttsl themback,you didn't get them back, Colucci told [IS] you he was told they were destroyed - Iml A: Correct. [2tl 0: - and you were fired? [22i A: That's correct. [a310: Have you ever heard of c'vcum- stantial [241 evidence, sir? [nl MR. GROSSMAN:Objection, your Page 284 [t] Honor. hI JUDGE RADFORD: He just asked him 131 if he's heard of it. I'm going to let him answer t4] it. Isl MR. GROSSMAN: We know where it's [6) going. I7I 0: (BY Mr. Motley) Would you know it if Isl you saw it? 191 A: I have heard of circumstantial pol evidence. [tq MR. MOTLEY:I think I'm about p21 done, your Honor. Let me check real quick. 1131 Q: (By Mr. Motley) Sir, the Exhibit 3 114) are the remarks that were written up to be [tsl delivered to the 26 men who were - or scientists n61 who were ter- minated in March of 1970.I'd ask you 1171 to take one last look at that before I stop. The usl first page says "Introductory Remarks: By [t91 Dr. Senkus." [m1A:Let me do a little housekeeping here. aU JUDGE RADFORD:I think it's [2s1 close to the top. Right there. tx31 Q: (By Mr. Motley) I would ask you to 124] look at the concluding remarks, please. 1251 A: Okay. Page 285 t tt 0: Look at the paragraph below Item 4,121 the sentence beginning "Each and every one." 131 A: Yes. [410: "Each and every one of my col- leagues tsl join in telling you how sin- cerely we regret the I611oss of such fine professional people who have [tl per- formed willingly and well " Do you see that? [sl A: Yes. I910:Is there any criticism of the ad- equacy [IO] of the research you were doittgl utl A: Not in this document, no. 11210: And you were asked questions about 1131 people inhaling smoke through their mouth and the u+l rabbits inhaling smoke through their noses and the us] rabbits have smaller lungs or different lung [tsl characteristics than people.Inthis document, [n] when- can you look through there fora moment,usl take your time, see 'u you see anywhere in there u91 where Dc Senkus,the head of research and [m] development, and the other gentleman who was an [an officer of the company, Mr. Vassallo, say any- thing (221 in there about closingdownthe Biological [231 Research Division smok- ing health group because the wi rabbits d id n't have the right size noses orhad tn1 smaller lungs or any other such thing you've heard Page 286 to here today. [:1 MR. GROSSMAN:Objection to the [31 form of the question, your Honor, to the nature of 141 redirect. There was no testimonyand there was no Is] testimony elicited nor was there any suggestion [6i that the reason for the closing of the biological nl research group was bec- ause of dissatisfaction with [e] the quality of work.That's not in issue. [9] MR. MOTLEY: He asked aU kinds Ito] of questions about how it doesn't apply to human ttq beings and suggested to this witness he spent two tul and a half years tilting to the windmill. I think [131 he's entitled to show it's not in that doc- ument (141 when he got futid. 1s1 JUDGE RADFORD:I'U let him [t6 answer the question. u7] 0: (By Mr. Motley) Would you look psl through there and see anything in there - if you [tsl can find anything in there about northern, maybe [ml from Minnesota, northernclimate rabbits and the 12 [] size of rats mouths and things like Page 281 - Page 286 (48) Diin-U-Scripb® 51538 4920
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Joseph E. Bumgarner November 11, 1996 1i91 A: At least for the ones I identified. I (20] cannot testify to the existence of the others. un 0: Maybe we can resolve that matter right 1221 now, okay? 123] A: Okay.I was told by the lawyers at 1241 Womble Carlyle that they all existed and were in (231 the safe at Reynolds Tobacco Company. Page 244 pl MR. MOTLEY:Ls counsel 121 re- presenting these are all the notebooks from the [31 entire R& D effort called "BiologicalResearch [41 Division" thatwe asked for? And if so,I'd ask tsl the witness to take a look at them.Are they? 161 MR. GROSSMAN:The witness will tn identify what these are. I'm not re- presenting jai what they are because the witness is going to be pl presented with documents that I believe he wrote, [tol unlike the documents that you pre- sented him. Ittl Let's see what he has to say. p:i MR. MOTLEY:I take it that's a n31 "no." p41 MR. GROSSMAN:Obviously I'm not os] going to present him with every document ever - t161 from the research and development department. I'm Inl presenting him with his own doc- uments. nai MR. MOTLEY: Your Honor, he said 1191 obviously he's not going to present us with the t:ol documents - [2q MR. GROSSMAN: F'resent him. 1221 Present him. This is a deposition, not an 1231 opportunity to argue a motion that's not presently [24) before the Court. [2s1 MR. MOTLEY:Judge, I think you Page 245 [I] do have a motion before the Court. ul MR. GROSSMAN: Not during the [3] course of the deposition. [4] MR. MOTLEY: I think there's one Isl pending. I'd like to move counsel into the record [6t as an exhibit, Court's Exhibit No. 2. vl JUDGE RADFORD:You asked me to jai admit the lawyer into the record? 191 MR. MOTLEY:I'm teasing, Judge. nol I'm teasing. [it] JUDGE RADFORD:That's okay. u2l MR. MeNEELY:YotuHonor,again p31 all of these documents were not part of any p+j disclosure by $IR in Texas and I would like to nsl have counsel confirm that, that these have not 1161 been part of any disclosure in the Texas 1171 pro- ceedittgs. pal MR. FENNELL:YourHonor,again,p9i Tom FenneU - [ml JUDGE RADFOP.D:I understand [zu they're in Minnesota and they're not The State of Texas v. The American Tobacco Company, et aL down in (221 Texas - i231 MR. FENNELL: It wouldbe longer [2+1 than the collect set. They got cancelled here [2s] from Mississippi. They're all coordinating their Page 246 pl discovery.They have access to aU the documents. [21 MR. MOTLEY: Mississippi is on - [31 excuse me. [.1 MR. FENNELL:Excuse me. [sl MR. MOTLEY: Mississippi is on Isl the opposite end of the Mississippi River. They m were produced in Minnesota. jai MR. FENNELL:And your Honor, I 191 don't know why they persist with mo- tions before uol your Honor that have been briefed and argued to utl disrupt this deposition. I think, your Honor, tt2l those are all matters before you and I think the [131 record is clearbefore your Honor as well on this 1141 issue. usl JUDGE RADFORD:It is. Thank psl you.If you'll show him the five exhibits and see 1171 if he can identify them, we can move on. ila] MR. GROSSMAN:Thank you, your u9] Honor. [zol Q: (By Mr. Grossman) Mr. Bumgarner, let (2ti me hand you what has been markedfor [z2]identifieationputposesas Bumgarner Exhibits 1231 No.19 through 24. [241 A: Memory was pretty good. I re- membered Issl five.Iassume,yourHonor, I'll look at every Page 247 ul page• I'U identify them. 121 JUDGE RADFORD:Sure. 13] THE WITNESS: This is - that's 14] it. Without-Counselor,without examining every Isl page, these are the laboratory notebooks that were t61 used in the BRD. 1710: (By Mr. Grossman) AU right. jai A: Again, to the best of my memory, I 191 can't say that this is all of them.There are [tol areas in here that said "data to Dr. Colucci "[1 u When data was trausferred, those pages were voided u2[ and the data was given to Dr. Colucci who would p31 incorporate it in his books. [1410: To the best of your knowledge, you nsi know cf no pages that are missing from your u61 laboratory note- books? (nl A: The pages are numbered con- secutively. nat I didn't have time to look at everypage, u91 obviously,but these are our notebooks. [m] 0: This is the complete set so far as you 1211 can tell; is that correa? [zz1 A: To my memory, it-again, I would 1231 have to examine every page and follow the course 12+] of the expea imentadon to determine whether there 12s1 was anything missing. You know, memory 29 years Page 248 iii ago, exact count, I can't give you. Five sticks 121 in my mind of ones that I had input into, but 131 whether that was all - it's certainly not all of [41 the BRD. isi Q: I'm not referring to all of the BRD, 161 I'mreferring to your laboratory notes. vi A: My laboratory notebooks, yes. jai Q: So far as you know, those are all of [91 your laboratory notebooks? pol A: These represent all the onesI had DU input into, yes. 0210: Now, Mr. Bumgarner, let me direct your 1131 attention back to the article which 1 beReve was [ul marked earlieras Exhibit No. 4 by Justin Catanoso osl in the Greensboro newspaper entitled "What Did u61 Reynolds Know." p7l A: Okay. Counselor, something has [tal happened to that copy. I have one page here. n910: You don't have the exhibit copy? t2o1 A: Let me look through this stack herea tnl Wait a second.I'm sotry. Here is one page. I[22] have two pages. [2310: All right. On the third page of that, [241 let me read to you a quote that's attributed to [nl you. It says, The 50-page notebooks which Paga 249 [u contained the raw research data of scientific -[2l of specific projects were never returned to the [31 scientists. Quote, we waited about a week then [n word came back that they were accide- ntally [sl destroyed, close quote, Bum- garner recalled. [6[ Quote, that was the first indication we had that [7] something was amiss, close quote. [sl A: That's accurate. [910: That is what you told Mr. Catanoso nol when he interviewed you? pq A: That's correct. [121 Q: Before spreading the word to reporters 1131 in 1992 or 1993 that your laboratory notebooks had 1141 been des• troyed; did you check with R J. Reynolds ns1 to determine whether the laboratory notebooks 1161 cdll existed? nM A: No. I only had information from my tial supervisor. 1j91 Q: Theonlyinformadonyouhadwas what [zol you had been told by Dr. Colucci who like you had t1i1 been discharged? 1221 A: The information I had came from [I3] Dr. Colucci.Again, I had no reason to doubt what 1241 he said.And that was my belief up until the time [2s1 I've seen the notebooks. Page 244 - Page 249 (42) Min-II-Scr3pt® 51538 4914
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The State of Texas v. The American Tobacco Company, et aL 220:12,20, 22; 221:19; 233:22,24; 235:17,19; 236:6; 242:20; 243:1; 244:6,14,21;245:2; 246:18, 20; 247:7; 255:13; 256:11; 259:8; 260:14, 20; 262:13; 263:23; 264:12; 265:8,16, 22; 266:6, 24; 268:3, 9; 271:17; 273:22; 274:8,18, 21; 276:21; 277:13, 22; 278:17, 21; 279:25; 280:10; 282:18; 283:4, 25; 284:5; 286:2; 2873,6,10,15;295:17, 21, 25; 302:2, 11; 303:6, 24; 304:4, 8,12,15, 21; 305:3,10,18; 306:3,13; 307:16, 20, 25; 308:6, 9, 14,18;309:3,9,14,20; 310:1, 10,21; 311:6,9 grounds 20:1; 40:25; 84:23; 261:16 Group 10:9, 11; 11:20; 23:1; 24:3, 7, 9; 26:4; 27:14; 31:4, 5, 7,11; 32:1, 13,18, 22; 34:16; 36:8; 40:21; 45:23; 46:2; 48:5, 12,15, 22; 50:13; 56:12; 57:8,12; 62:25; 63:19; 66:5; 72:15; 78:22; 80:5; 102:6, 8; 103:8; 104:8; 127:25; 128:1,18; 141:20; 285:23; 286:7 grow 38:11; 299:23 grudge 89:7 guess 90:19; 110:2; 287:10 guidence 150:10 Guinea 188:10,18, 22, 25; 276:3 gut 151:2 guy 63:15; 121:16; 184:2 GWINN 10:20, 20 H habit 228:25; 299:16, 21 hadn't 95:14; 96:20, 23; 97:2, 5; 226:8; 257:20 hairlike 65:24 half 12:3; 23:5, 8; 25:8; 26:3; 34:6; 35:15; 36:1; 80:16;132:10;158:22; 222:14; 225:13; 226:13; 266:4; 274:12; 286:12; 289:8;313:15 halfway 194:20 hamstrung 171:6 hand 14:23; 59:23; 66:16; 119:3,4; 138:25; 140:19; 147:23; 187:25; 191:9; 196:9; 210:2; 216:5; 246:21; 294:22 handed 18:14;71:21; 87:18; 139:5,7; 142:25; 143:5; 194:13; 201:19 handled 25:10 handling 145:6 hands 41:10;168:23 handwriting 143:9; 144:4;148:2,3 handwritten 196:14,15 handy 88:2 happen 155:4 happened 18:2; 31:1; 43:5, 6; 55:8; 74:20, 23; 80:18;107:7;109:23; - 162:18,19; 248:18; 250:13;256:19;258:2 happening 164:22; 170:12, 20, 24 happy 92:8; 223:4; 295:21; 308:2 hard 230:1; 298:6, 7 harder 297:24; 299:23, 25 Harok150:6,7 Harry 9:4 Harvard 103:7 hasn't 137:15; 170:18; 218:24; 233:21; 277:14; 297:25 haven't 95:7;112:1; 120:23; 158:13; 166:5; 184:7,10;191:18;1959; 198:13; 207:21; 212:21; 213:1; 217:2; 218:3; 220:9; 229:17; 288:13; 299:1; 300:8, 11; 301:7; 303:7 hazard 180:17 head 22:25; 219:13; 285:19 heads 294:22; 295:2 Health 20:4; 24:7, 7, 9, 13,22;26:4;31:5,6,7; 32:1,13; 36:8; 40:21; 48:5, 12,15,16,22;49:2,16, 18, 20, 22; 50:5, 7, 9,12, 17, 25; 51:5,10,12, 24; 52:3, 6, 7; 54:2; 55:12; 56:12; 57:8,12; 62:14; 63:19; 72:15; 78:22; 82:12; 84:7,13,17; 86:25; 87:10; 90:10; 96:9,15; 97:23; 98:22;102:1, 6; 104:6; 108:4,14; 109:9; 111:21, 1:21,25; 125; 113:1, 5;114:6;123:23; 124:21; 126:5, 11; 132:17; 136:10;139:12,21; 146:11;158:17, 21; 161:17;166:7;177:2; 178:2; 180:17; 199:5, 11; 201:1,13; 205:1; 215:8; 216:10; 232:9; 256:19; 258:15,19; 264:23; 267:20; 269:9; 277:16; 285:23; 288:18; 290:16, 18, 20, 23; 291:23; 292:2, 7,10,13;293:7,11,21; 294:2; 295:2 health-nkNed 102:10 healthy 178:5 hear 93:2; 136:13; 147:11;153:5;165:10; 168:20;184:11; 221:5; 260:15; 295:13 heard 34:19; 167:7; 193:13,15; 231:9; 237:18, 19; 241:19; 257:1; 261:14; 283:23; 284:3, 9; 285:25; 303: 1; 307:6 hearing 7:7; 16:7; 134:18; 169:21; 223:24; 226:8 heart 214:16; 228:21; 281:25; 282:8; 295:11, 24; 296:1,8,15,16,24;297:2, 3,4,13;311:16 hearth 97:8 height 297:9 Hsise 50:8 heid 54:5; 230:14,17; 231:10 help 15:4; 54:2; 9o:10; 162:5; 163:1; 238:9 helped 162:4; 210:19; 240:24 Henry 86:13; 278:10 hentreacotene 151:17 hereinbe}ore 15:18 hesitate 210:10; 304:19 Hickory 19:1 high 100:19, 22;101:3, 5 higher 130:12; 189:10, 12,14; 296:14 highlighting 153:6,8 Hill 11:1 hired 21:14,18; 32:9; 96:1, 7; 98:4;152:5; 267:5, 24; 271:8; 279:23 hiring 251:9 histology 69:23, 24, 25; 70:3; 219:17 history 31:21;101:23; 167:17,17; 176:7; 259:10; 281:19 Hoffman 124:15,18, 24 hold 98:10,11,13; 179:7; 202:15 holes 210:19, 24, 25 home 81:3; 221:18 honest 121:16 honestiy 103:10; 121:15; 180:4; 226:14; 239:18; 253:23 honesty 253:4 Honor 8:13,15, 18; 9:3, 12,17; 10:4,13,21, 25; 11:7,23;12:14,21;13:3, 19; 14:21; 15:23; 17:14; 18:10; 34:22, 24; 48:10; 55:17; 57:15; 58:24; 60:17; 61:7; 82:20; 83:11, 21;84:21;85:18;87:8,23; 90:22; 91:3; 92:7,13,18; 110:8; 115:7,9; 116:2, 7; 117:7; 118:8,21; 119:1, 18, 24;120:6,10;121:19, Joseph E. Buangarner November 11, 1996 21;133:5 21; 1 133:5 Ideas 233:17 , , 135:6, 18; 136:13,23; Identificatbn 153:21; 137:8; 138:20; 139:9; 188:1; 191:10; 194:12; 160:23;161:6,9;162:14; 196:11; 201:20; 210:3; 163:18;164:3;165:14,18; 216:5; 246:22 167:14,18, 22, 25;168:8, IdentiFied 11:9; 56:20; 22; 169:9; 171:15; 201:25; 58:15; 139:1; 140:20; 202:8; 208:9; 218:7; 196:10; 243:19 219:3; 220:12 21; 233:21; , 235:22; 242:18; 244:18; klentlfy 333;48:14; 79:23 104 22 138 16 22 18; 246:8 245:12 10 11 ; : ; : , ; , , , , 139:4; 140:22; 143:7; 13,19, 25; 255:15; 259:8, 147:24; 215:1; 244:7; 25;260:15;265:15; 246:17; 247:1 266:17 25;273:22;274:4 , , 11; 282:19; 284:1,12; IdentMying 153:19 II 69:16 19 286:3; 287:4, 11; 295:16; , 302:3; 304:19; 306:14; ill 176:20 308:4, 8; 309:4,12,14; Illinois 310:9, 20; 311:2 310:11, 22; 311:5, 6; imagine 45:20 314:20 immediate 24:15,16; honored 83:4 32:18; 39:8; 58:3t 63:12 hooked 27:24 hope 117:24;151:20; imminent100:16,18; 124:21 171:15; 266:16 Implicated 185:1 hopeful 74:11 hopefully 170:18 Implications 266:13 Important 23:20; 35:11; 78:14; 89:13; 125:16; Hopkins 20:3 135:25; 161:19; 168:16; hour 12:3 178:19;182:12; 258:15, houriy 91:8 17; 271:4 hours 11:18, 22;12:5,10; Impression 98:9; 235:6; 224:19; 225:12,13; 271:13 226:13; 289:8; 309:21, 23 Improper 265:16; House 26:6, 8, 9; 39:18; 266:12,13; 278:23 49:14; 64:11, 21; 67:23; Improperly 85:8 72:14; 78:21; 79:5; In-house 94:16;112:15; 113:20; 116:13; 134:24; 156:9 204:12; 230:9; 271:14 inaction 217:18; 219:11 housekeeping 284:20 Hugh 9:2 human 25:19, 22; 97:11; Inactivlry 299:23 inappropriate 134:1; 259:23; 261:18; 266:11; 98:22;126:5;158:11 14; , 271:21,25;278:19 159:5;176:16;180:17; Incentive 229:23; 281:22 196:24; 258:16; 269:9; 271:23; 274:16; 277:12; Inches 272:6, 6 286:10 Inciude 94:19 humans 96:15, 24; included 158:4; 238:2; 128:14,16,17;129:9; 304:1 130:18; 157:8; 159:10,14; inciuding 159:19; 205:8, 175:4,7,16; 176:6,17; 23; 274:14; 279:21 185:25; 192:9,21; 197:18; income 143:22 198:17; 206:4, 9 hundreds i65:i hurt 47:11 12 20 incor,sistent 71:8 incorporate 247:13 , , hypotheses 131:17,18; Incorporated 10:2,9; 11:5 146:15 hypothesls 127:8,12; Incorporation /52:6; 160:13,21 129:13, 22; 130:2, 3, 22; Increase 130:18;190:5; 131:5, 9;183:24; 205:14; 194:23 24 25;217:14 233:11; 314:25 , , hypothetical 181:10 Increased 72:9; 217:12 increases 205:16,17,18 Indeed 92:10 195:19 I ; ; 259:11 indicate 39:25; 65:14; Ice 170:18 191:21;195:18;198:8,9 idea 29:13; 107:6; 170:9; indicated 55:4; 85:3; 193:5; 233:21; 235:11, 13 267:25 Mln-U-Scrlpt 51538 4934 (9) grotlnds - Indicated
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Joseph B, Bumgat'ner November 11, 1996 [ 15] regarding the futing and the closing of the BRD it6l that swept through the communityamund that time, [ttl weren't there? Itsi A: I don't know what swept through the Itsi community.There were all kinds of speculations hol within the depao- tment, yes. 12ti 0: Now,you teferred eatiierto a man uzl named Bowman Gray who was chairman of the - 1231 A: Yes. 12410: - board of RJ. Reynolds. [2sl Did you ever meet him? Page 232 [tn A: No. Not personally. la[ 0: But you had an opinion of him, didn't 131 you? [n A: Yes. [sl 0: Your opinion was that he believed in 161 funding and medical research? m A: I believe thathe hada commitment to lei findout if there wasa problemwith smoking and tv1 health, yes. poi 0: And you believe that he had a Itt] commitment to do on-site mediralwork -omsite 1121 biological work at Reynolds; is that correct? [t31 A: I absolutely cannot conceive of a ps] situation where, it would have been allowed withuut 1151 the approval of the board and the legal staff. psl 0: And - but you never met him and you tm don't know what his personal commitment was or pel wasn't; is that correct? [t91 A: No. I've only met one member of the Iml board of directors, and that was only in a social I2t1 occasion. That was Collin Stokes. [nl 0: But although you had an opinion about Irs) what Bowman Gray might or might not have felt 1241 regarding bi- ological work at Reynolds, you can [zs] base that opinion only on your own s culation; is Page 233 ul that right? [jl A: Well, we were - the division was shut [31 down shortly after his death.And I assume that 141 he was instrumental in at least establishing it [sl and keeping it up. [610: He w.s no longer chairman when the BRD m was closed? la] A: I'm not exactly certain, you know, Ivl exactly what the time ftatnes were, Counsellor. nol It's been a long time ago. lu] Q: But the hypothesis of whetherMr. Gray n2t was committed to on-campus research is not one 1131 that you can prove ordisproveon the basis of[ ul your information; is that correct? us[ A: That is correct. The State of Texas v. The AmetYCan Tobacco Company, et aL [t63 0: Similarly,regardingthe reasonsfor um the closing of the BRD, you've advanced some ideas usl of your own here today; is that correct? [tsi MR. MOTLEY: Object to the form [2oi of the question. He's testifying to facts, your 12n Honor. He hasn't ever said "fhis is my idea " [ul MR. GROSSMAN: Well,we'B find [231 out. 12410: (ByMr.Grosstuan)You saidearlier [2sl that you blamed certain people for the closing of Page 234 IU BRD; is that right? 121 A: More specifically the legal staff. Isl 0: Did you discuss with the legal staff 141 the closing of the BRD? 151 A: I've already stipulated that I had no 161 conversations with the legal staff. m 0: Right.So you never spoke with the lel legal staff about the closing of the BRD. Did you tsi speak to anybody who spoke to the legal staff uol about the closing of the BRD? U t] A: I do notknow ifDr.Coluccior-my Itzl chain of command would have been Dr.NieLson, It3] Dr. Nystrom,and Colucci. A lot of the tt41 information that I have came through Colucci and I psl assume in some cases it came through the ch:.in of U61 command. 11710: Okay.Did Dr.Colucci evertell you Itsl he met with the lawyers from RJ. Reynolds who u91 told him they were responsible for closing the BRD uol or that he discussed with the lawyers for Reynolds t211 anything about the closing of the BRD? [nl A: No. 123[ Q: He did not? 1241 A: He did not. hsl Q: Did anyone else ever tell you that he Page 235 Itl or she had spoken with lawyers for Reynolds about [ei the closing of the BRD? 131 A: No.In fact, just the opposite. (43 Dr. Nielson said that he was not consulted [sl until - he knew before we did, but just before, I 16t think. That was the ito- pression that I had from [73 him.And that was direct conversation with him. isi 0: And you've already said that you [91 didn't attend the meetings where the decision was uo[ made to close the BRD, so you don't know whose tt U idea it was; is that correct? Itil A: No, but I was told it was the legal [t3[ staff's idea to take up the notebooks.l was told uq that they had been dess tmyed,and shortlyafrer psl that we were terminated. That to me is a logical [161 chain of events. Ivl MR. GROSSMAN:I move to strike I[sl as nonresponsive. hv] 0: (By Mr. Grossman) I'm simply asking a Iro[ question, whetheryou met- Iztt MR. MOTLEY: Excuse me, your ]ul Honor. I don't know if that calls upon - he Ixsl moved the court to strike non- responsive. I think tzil it's responsive to what he asked. [zsl JUDGE RADFORD:I'm going to Page 236 Iti leave it in the record. ul MR. MOTLEY:Sir? 131 JUDGE RADFORD:I'm going to [4I ]cave it in the record. Isl MR. MOTLEY:Thank you. Isl Q: (By Mr. Grossman) Mr. Bumgamer, you pl have testified that you never met with any lawyer [al regarding the closing of the BRD. [vl A: That's correct. [[ol Q: You've testified that you don't know Itq anyone else who's met with any lawyer regarding It21 the closing of the BRD? (131 A: That's also correct. u+10: You've also testified that you did not psl attend any of the meetings where the closing of u61 the BRD was discussed as a possibility? [m A: That's correct. Ite] 0: Have you met with anyone who attended Itvl the meetings at which the closing of the BRD was uol discussed? 1211 A: Not to discuss the - again, as 11221 said, I met Collin Stokes in a social situation. Inl We did not discuss the company at all. And I[ael assume be probably was there. 12510: Do you know who attended the Page 237 iq meetings- IIl A: No, I do not. 13] 0:- where the closing-I need to 141 finish the question before you answer. Isl A: Excuse me. 1610: Do you know who attended the meetings 17] where the closing of the BRD was discussed? Isl A: No, I do not. 1910: Now at the same time that the BkD - Itoi at around the time when the BRD was closed, you've [nl earlier testified that you understand that 112) Reynolds had been considering the purchase of a [t31 pharmaceutical company? h+l A: That's what we were told, yes. lisl 0: And you were also told that Re- ynolds [t63 decided not to go ahead with the purchase; is that 1171 correct? 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The State of Texas v. The American Tobacco Company, et aL Page 250 ut Q: But you did not check with [2l RJ. Reynolds to determine whether the laboratory [31 notebooks,which you said earlier were tq RJ. Reynolds' pmperty, still existed or were 151 destroyed? Isl A: No. I just assumed what I'd been told m was correct, since they were not returned. [sl 0: And so having been provided with the ro] romor, what turned out to be a rumor by nol Dr. Coluccl that was false, you spread that rumor, im is that cor- rea? ua A: I told the Greensboro paper bec- ause I 1131 was asked specifically what happened to the n+l laboratory note- books. I told them what had been ttsl related to me and what I believed up until the tt6] time I've seen these. ml 0: Nowthat has ptvved to be false;is nsl that correct? 1 t9] A: Yes. roo10: Now, at the time you were dis- charged t2t1 and the Biological Research Division was closed, tul those who were closing it told you that the iz31 company was undertaking new directions in [2+] scientific research; is that correct? tn] A: We were told to consider - we were Page 251 tq told - oh, you mean at the closing itself? t2] 0: Yes. [31 A: Yes. t+10: You were told that the company would isi now be funding research to be conducted by others; t61 is that tight? m A: Yes, but they didn't mention spec- ific is] fields, as I remember. 191 Q: You were told that rather than hiring [iol scientists,the companywould fund the research [ul done by scientists outside the company; is that 1121 correct? [t31 A: The exact wording, sir, was a long tts[ time ago. And I don't remember the exact wording. ps] Q: Bm apart fmmthe exaa wording- u61 A: We were told that the company was Inl taking a new direction. ua] 0: And you were told in sum and substance n91 that the company's re- search would now be done by t2o1 outside researchers; is that correct? Izrl A: We were told that-to the best of my 1221 memory, that might have been said, yes. t23] O: And also youwere toldthat the (241 company no longer needed a Biological Research (zsl Division because some of its missions had changed; Page 252 [tl isn't that cottect? 121 A: I thinkthe wayitwas statedwas the 131 direction of the company had chan- ged. [+1 Q: That was because the company was no Is1 longer going to buy a phar- maceutical company and 161 was to longer going to own a starch - ni A: They did not couch it in those terms.ls] The phamnccutical company- they did say the 191 reason we did this is because we're no longer tto[ going to buy the company, et ccten, to the best tul of my memory, Couttsel.They just said the company p21 was taking new directions. u3] 0: Now it's 27 years ago or so? ps[ A: A long time. im 0: 26 years ago.You have-as you sit [1s1 here today, you would have no dispute with the im person who said that the scientists were told that ual the company was closing the research div- ision u91 because the starch company was being divested and Ixol the phat- maceutical company was not being [ztl purchased, would you? [22] A: Do I believe - is the question, [231. Counselor,do I believe that was the only reasons? [x1 Q: No. You would have no dispute with !nl someone who said that the scientists were told Page 258 [n that those were the reasons? [al A: To my metnory, I cannot remetnber the t3t exact statements that were made 27 years ago.In [i1 all honesty,Counselor, I cannot remember that Is] statement being made. 16] Q: Let me direct your attention to [n1 Exhibit 3 which was presented to youby Mr. Motley [a] earlier today. (91 A: Right. [wl Q: It's entitled "Introductory Re- marks: Il ll By Dr. Senkus:' uxi A: Yes, sir. [t310: I'd like to direct your attention to 114] paragraph 5.Could you read that into the us] record - before that, this doc- ument were the 1161 remarks by Dr. Senkus to the staff scientists who U7l were being discharged? 118] A: Not In its entirety. There were u91 things said that do not appear here. [m[ Q: But these things were said? [2r A: Again, Counselor, you're asking me to [221 remember exact wording of things that took place tni 27 years ago.I honestly cannot answer that. [a+[ Q: In your direct testimony earlier today us] in response to questions by Mr. Motley you Joseph E. Bumgarner November 11, 1996 Page 254 pl referred to this document as giving the reasons [n that were given by RJ. Reynolds for your [31 dismissal. Do you recall that testimony? [a[ A: I don't remembersaying that.I'm [s[ sorry. [61 Q: Let's look at paragraph 5, could you? t7l A: Yes. [s10: Could you read that into the re- cord, [sl please. po] A: "Most Chemical ... staff members iui formedy engaged in synthesis of phatntaceuticals, 1121 fine chemicals and the likc,willbe reassigncdto [i3lworkon the synthesis of tobacco and food flav- ors, ua and related projccts:" im 0: And that related, did it not, to the u61 decision by the company nct to pursue the purchase 1171 of a phar maceutical company? ttsl A: I would say that that statement is 1191 accurate. t=o10: Now let's look at paragraph 6. Could 1211 you read that into the record. [z21 A: "Most Chemical Division staff members [23[ formerly engaged in starch work have recently been 1241 reassigned to work on isolation of flavnrs from us] tobacco and foods." Page 255 [tl 0: And thatwasbecause the starch 121 company was sold; isn't that correct? t31 A: That would be the conclusion I would [+1 reach. 1s] 0: And with the company not pur- chasing a [6] pharmaceutical company and selling its starch rri company, it did not need as many scientists, did 191 it? 191 A: That's a decision I did not make. uo] 0: But it's certaiNya reasonable one, Uu isn't it? 1121 A: It would be a reasonable one. 1131 MR. GROSSMAN:I have no further 1141 questions at this time. usl MR. MOTLEY:Your Honor, may I p6] proceed, subject to our objection we tnay want to Irn resume this if and when they call for the rest of [ts] the doc- uments? u91 JUDGE RADFORD: Yes, sir. 1201 FURTHER EXAMINATION [2t] BY MR. MOTLEY: [2z1 Q: Sir,would you note in paragraphs 51231 and6,thefolks who workedonthis pharmaceutical [x1 companythey didn't buy on their projects, they 1251 weren't fired, were they? 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CASE NO. CL95-1466AH REOUEST NO. 89: All documents and research done on your behalf by Industrial Biotech Laboratories, including but not limited to all smoking monkey studies. Subject to and without waiving its objections and assuming that plaintiffs intended to request research conducted by "Industrial Bio-Test Laboratories," Reynolds states that it has produced responsive documents to the Minnesota Depository. To the extent that this request purports to seek additional or different documents, Reynolds objects to it on the grounds that it is overbroad, fails to state with reasonable particularity the documents sought, and seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. REOUEST NO. 90: All documents that indicate or establish your market share of cigarette sales in the State of Florida during the period 1900 to 1996. RESPONSE: Subject to and without waiving its objections, Reynolds statee that this request duplicates information sought in Interrogatory 2Jos. 2 and 3 of Plaintiffs' First Set of Interrogatories to All Defendants. Accordingly, Reynolds refers plaintiffs to Reynolde' responses to Interrogatory Nos. 2 and 3. REQUEST NO. 91: All documents that indicate or establish your anticipated or projected market share of cigarette sales in the State of Florida from 1996 to 2000. - 67 -
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CASE NO. CL9S-1466AH lead to the discovery of admissible evidence. Plaintiffs have made no attempt to limit this request in any reasonable manner. REOUEST NO. 85: All documents discussing the health effects of your products on animals. RESPONSE: To the extent Reynolds understands plaintiffs, request at all, this request is subsumed by Request No. 84. Accordingly, Reynolds incorporates its response to Request No. 84, including its objections, as if fully set forth herein. -~M REOUEST NO. 86: Please identify and produce each and every marketing/advertising study, report, and/or survey undertaken b you in order to learn how to minimize your products' appeals to youth and children under the age of 18. For each document so identified, state the names and last known address of the three individuals most familiar with the study/documents; the names of all other individuals known to be involved in the project; the conclusion reached by the projectr and produce each document generated or received as a result of this project. RESPONSE; To the extent that this request is redundant with Request Nos. 28 and 29, Reynolds incorporates its responses, including its objections, to those requests as if fully set forth herein. To the extent that this request purports to seek additional or different information, Reynolds objects to it on the grounds that it is overbroad, unduly burdensome, and seeks - 65 -
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CASE NO. CL95-1466AH RESPONSE: Reynolds objects to this request on the grounds that it seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving its objections, Reynolds states that it has undertaken an inquiry to ascertain whether any such "projections" have been made by it and will supplement this response upon completion of that inquiry. REOLIEST NO. 92: All documents generated on your behalf by Social Research, Inc. RESPONSE; Subject to and without waiving its objections, Reynolds states that it has produced (and is producing) documents responsive to this request to the Minnesota Depository. To the extent that this request purports to seek additional or different documents, Reynolds objects to it on the grounds that it is overbroad, vague and ambiguous in its use of the term "generated," fails to state with reasonable particularity the documents sought, and seeks documents that are neither relevant nor reasonably calculated to lead to the discc7ery of admissible evidence. - 68 -
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Joseph E. Bumgarner November 11, 1996 [31A:- reassigned. They were re- assigned. I+I 0: And on paragraph 6, the people who IsI were doing the starch work, when they got rid of 161 the company, theykept those scientins,didn't m they? Is] A: With at leastone exceptionthat I t9] know of, which is Robert Bruce. po] 0: They kept most of those people? [tt] MR. GROSSMAN:Objection to the p:] form of the question. u3l 0: (By Mr. Motley) Can you answer that? 1141 Mostofthepeople whoworked in the starch were [is] "reassigned to work on isolation of flavors from 1161 tobacco and foods," they say that, don't they? [nl A: Yes. [talQ:Okay. Most of the people who worked n91 on tobaceo and health,what happened to them17 [201 A: With the exception of technical staff, utu we were dismissed. [n1 Q: They were fired? 1231 A: They were fired. [2+1 Q: Now he mentionedto you spread- ing [zs1 false rumors. Do you remember that? Page 257 ul A: Yes, I heard the statement made. [n 0: Okay.I believeyou testified earlier 131 today that Dr. Colucd told you that the notebooks [+i were destroyed - [sl A: Yes. [6] 0: - while he was still employed by m RJ. Reynolds, correct? [s] A: Yes. [9] Q: He was still with the company? po] A: Yes. o t] Q: You were told by Dr. Nystrom, u2] Dr. Colucci's boss, while you were still with the n3] company and Nystmm was still with the company, [14] that the notebooks would be returned, correct? os1 A: Yes. ns] Q: They were not returned, were they? [nl A: No. pa] 0: If someone told Dr. Colucci that the u9] legal department had destroyed them when, in fact, [2o] they hadn't,who was the rumor monger? [2 tn A: It wasn't me. [u10: Okay.lfyou'dtake a look,sir,at 1231 the News &Record that he was showing you of what [as1 Reynolds knew and when they knew it, I would like us] to look at the section entitled "Is what they knew tn then crucial now?" The State of Texas v. The American Tobacco Company, et aL Page 258 t2] A: Again, something has happened to my [3] copy of the document. [a] 0: We'll give you another one. [s] A: All right. I had a copy. I'm sorry. [61 Q: l.ook at the last column of the section p1 entitled "Is what they knew then crucial now?" [a] A: Okay. [910: The last sentence of that, quotes, [to] "Reynolds officiais say they had no duty in the [tp 1960s to disclose scien• tific information they now [12i call in- valid." Do you see that? u31 A: Yes. [141 0: When you were working on a project as] important to the public health,didyoufeel,asa n6] scientistanda human being, any duty to disclose Itn important information, sir? [ts1 A: Most defudtely. I think anything [t9] involving public health should be- become a part uol of the public record. [2110: Now, Counsel mentioned the name of [n] Dr.Brubaker,and the report that he prepared for [231 counsel's law firm, Jones, Day. Do you remember [2a] you had neverseen that until I showed'n to you, 1251 correct? Pago 259 tt1 A: That's correct. t210: Do you have in your briefcase a copy BI ofthat documentthat we sentto you? [41 A: Yes, but I don't have my briefcase [51 here. I'm sorry. [6) Q: I'm going to bring this up to you, p] sir. ts1 MR. GROSSMAN:Your Honor, I[9] would like to enter an objection on the use of po1 this material.The historyofthe Brubaker nq document is that it was, indeed, commissioned for p21 work by counsel with counsel, and it thereafter- [t31 and it was done on commission from Dr.Brubaker, tt9] performedbyDr.Bruba- ker. Thereafter it was - ns] we have a record that we could produce to the 1161 Court. Thereafter it was removed from the offices [nl of Dr. Brubaker by a person who previously had a na] con- tract with RJ. Reynolds, essentially was n91 stolen. And it was placed in front of Justin [sol Catanoso's nose when he was writing newspaper utl articles. This is essentiaUy work product that [n1 was performed for counsel, commissioned by [23] counsel,and it's inappropriate for the plaintiffs 1241 to be using that worl- product here today. t=s] MR. MOTLEY:Your Honor, it was - Page 260 W produced in a trial by RJ. Reynolds in the middle 1=] of the trial andwasallowed to be used as a[31 subject of a matter that's public record. If [+] there was any privilege for sending documents to [sl Dr. Brubaker to look at but not sending them to t61 the State of Texas for us to look at, that's been [7] waive by the production by court order in the case [sl of Kucpcr, K-uc-p-c-r- Iv] JUDGE RADFORD:I'm going to nol permit you to question further. uq MR. MOTLEY:Thank you. u2] JUDGE RADFORD:You ask him some [t3i questions concerning the Brubaker documents. (14) MR. GROSSMAN:Pardon me, your ttsl Honor.I didn't hear. p6] JUDGE RADFORD:I find in my 1171 notes you had asked him at least some questions Ita1 about Dr. Brubaker at one time in your ug] cross-examination. [201 MR. GROSSMAN:A question was 1211 asked on direct about Dr. Brubaker. And in 1221 cross-examination I simplyaskcd if he knew Iz31 Dr. Brubaker, if he had met with Dr. Brubaker, or [Ia] had received the Brubaker report in the course of 1251 his employment at Reynolds or in the normal course Page 261 [t] of business and he answered he had not. He had [2] not received it in the normal course of business.l3] It is not a document that he - Mr. Bumgarner NI testified that he did not receive the Brubaker [s] report when he was work- ing at Reynolds because, in [61 fact, it wasn't prepared until after he was n[ working at Reynolds and he never re- ceived it in ta] the norma] course of business. Those were the [9t only qucs- tions I asked him because he had been no] asked about the Brubaker report on direct [tq testimony. 1121 But nowthat the Brubakerrepon has 1131 been provided to Mr. Bumganer and we have also taa] heard on direct that the Brubaker report had been psl provided to Mr. Bumgarner, I am not objecting on u61 grounds of privilege in the sense that I'm asking 1171 that an in camera pro- ceeding be taken with regard nsl to that. What I am saying is it is inapptnpriate tt9; to be using a stolen document which was subject to uol a work-pmduct priv- ilcge in these proceedings. lau MR. McNEELY:Judge, let me say f221 this for the record:This company,which refuses [231 to this very minute to provide us with the [2+1 research data - psl JUDGE RADFORD:I'm going to _ Page 262 u I permit you to ask about the Brubaker document. t2] MR. MOTLEY:Thank you. fil Q: (By Mr. Motley) Mr. Bumgarner, would [41 you look on the front page of Page 257 - Page 262 (44) Min-U-Script® 51538 4916
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Joseph & Bamgarner November 11,1996 indicates 179:19; 197:14,16,19;265:5; 267:12 Indication 196:16,16; 249:6 Indicators 78:10 Individual 188:12 Individuals 28:11;105:1 Industrlai 310:9 Industries 10:1 Industry 31:22; 84:9; 87:5; 193:21; 198:24; 199:9; 205:7, 23; 240:14, 16 Industry-becked 211:11 Indwelling 70:5.7 infect'an 176:7;179:6 Infections 30:2;176:5, 14 inflammatory 217:11,13 influence 160:20; 229:19 Influenced 160:15; 229:11 Informally 102:7, 8 information 35:7,12,18, 22, 25; 369; 37:15,16,17; 39:24; 55:14; 75:12; 76:15; 78:14; 90:10; 106:24;115:22;116:12; 119:9; 181:23; 187:10, 11; 222:21; 231:13; 233:14; 234:14; 242:5, 24; 243:12; 249:17,19,22;258:11,17; 265:4, 7; 266:2; 269:17; 271:5;279:20;280:6,14, 21 Inhalation 121:25; 122:19; 277:4 inhaks159:1;175:18 Inhaled 151:13, 22 Inhaling 175:8; 285:13, 14 Inhouse 111:7 Initial 71:22; 142:1; 173:7 initialFj 26:24; 29:9; 102:3 inhiais 267:9 initiate 190:9 Injunction 301:4, 5 Injury 64:8; 66:3; 74:8; 271:2 Innuendo 85:8 Input 248:2, 11 inquire 15:7 (nsect19:20,22;96:1 Insects 19:17; 95:20, 22 Inseparably 127:4 inserted 27:8, 22; 70:9 Inserting 27:20;197:4 insertion 176:3 insofar 181:9 Instead 201:7; 206:4, 9 Institute 11:5, 7; 87:20; 88:16;199:4, 11 Institutes 205:1 Instructed 112:13 instructing 7:18 Instructions 117:22 instructor 20:13 instrumentai 233:4 Integrity 23:24; 100:24; 101:7,II Intellect 100:20 Intelligence 101:3 intend 171:9 interchangeable 188:21 interchangeabiy 126:20 interest 89:3, 5;102:18; 203:20; 209:5 Interested 106:18; 209:7; 270:3 interests 41:20; 213:12 Interior 129:20 Interpretation 100:7,9; 178:10 Interrupt 118:10; 164:1, 2; 169:14; 202:14 interview 55:25; 238:24; 239:1, 3, 5,13,16; 311:17, 19;312:10,11,14 Intervlewed 22:12,13, 18; 32:11; 55:12; 210:8; 249:10; 288:3; 312:3, 5 Interviews 239:21; 279:22 Into 13:10; 26:25; 27:1, 6, 8,22;28:4,4,24,25; 41:13; 44:10; 58:11; 70:10,13; 79:23; 91:16; 152:8, 14;153:1; 160:14; 171:14; 175:7; 197:4; 202:9; 207:3; 245:5, 8; 248:2,1I; 253:14; 254:8, 21; 267:16; 269:7 introduce 92:21 Introduced 26:25; 28:24, 25; 30:1;163:11; 274:5 Introductory 46:13; 253:10;284:18 Invalid 258:12 invention 53:14 Investigating 195:21 Involved 25:7; 26:1; 129:16; 132:6; 165:5; 169:12; 174:11; 188:15, 16; 209:21; 230:7; 268:18 Involvement 108:17 Invohling 126:4; 179:14; 190:14; 258:19 IP 152:15 Irritation 29:25; 30:4, 4; 176:5 Isolation 254:24; 256:15 Issue 109:9; 138:23; 163:1; 164:4; 168:21; 195:25; 246:14; 267:22; 280:25; 286:8 Issues 111:25;120:22; 173:9; 203:5; 269:9 The State of Texas v. The American Tobacco Company, et aL tlem 69:19; 285:1 itseB 23:25; 107:21; 23; 275:4; 277:24; 278:20, 25; 279:24 280:2, 15; 212:4; 251:1; 274:25; 282:23; 283:7; 2842, 21; 275:5 286:15; 287:2, 8,12; IV 152:15 302:4, 7; 304:10; 305:6, 16; 308:16; 13 15; 306:6 IX 217:8 , , 309:5,16, 22; 310:12; 314:21 J judge's 15:9 judgment 189:3; 267:22; Jack 103:7 301:3 James 51:1 Jane 50:18,19 judicial 170:14 July 132:19; 144:16; January 132:19; 144:16; 148:7 148:6; 149:19 jump 207:1 jet 221:12,14; 222:1; junior 98:4,7; 101:21; 288:24;289:3,7 187:13; 294:4 job 16:20; 21:22, 23, 24; jurisdiction 170:13 22:1; 23:7; 24:11; 32:11; jury 23:10; 25:6; 37:23; 52:19; 62:9;63:11;-126:4, 44:6; 220:17 4, 6, 7;154:13,15; 241:2, Justice 7:11 12 Justin 208:2, 20; 248:14; jobs 93:24; 240:22, 23 259:19 Jodi 9:6 Joe 16 10 : John 8:13 K Johns 20:3 Johnson 64:16,18,19, K-u-e-p-e-r 260:8 23; 71:25; 142:16; 180:4 KAISER 8:25, 25 Johnston 65:21 keep 29:6; 33:13,19; 19- 174:17; 190:200:2; join 285:5 213:7; 272:14; 296:22; joined 12:17;24:20; 297:24 31:19; 53:12 keeping 183:14; 233:5; Jones 258:23; 262:11, 298:4,10,15;299:19 19;267:9;273:3,5 Jordon 50:22 keeps 212:1 kept 33:16;119:5;124:1; Joseph 14:6; 15:17; 212:21; 213:1; 256:6,10 16:10; 41:10; 50:24; 60:3; key 144:11 73:11 keys 239:10 Journal 38:8; 202:25; 203:2,4,18; 207:18; 211:7 kick 299:17 journals 203:8; 211:7; killed 146:2 280:20 killing 145:20, 25 JUDGE 7:2; 8:16, 20; 9:1, kind 20:22; 25:24; 54:19; 8,18,22; 10:8,14,17,22; 93:8; 104:10; 117:1; 11:1,8,14;12c6;13:8; 131:25; 149:13; 156:13; 14:18,22; 15:15; 17:18; 268:9 41:3; 48:17; 54:18; 57:17; kinds 63:20; 231:19; 59:1. 5; 61:2; 68:7; 71:6; 286:9 72:19; 83:2,18; 85:11,19; Kingdom 83:25 90:16,18, 24; 91:15, 23; KLOK 60:11 92:5 15;115:8 12; 116:4; , , knew 52:3;90:5;104:16 117:11;118:1,6;119:19; , 120:3:121:9,10;122:8; 18; 169:17; 185:8; 235:5; 134:3,15;136:2, 21; 257:24, 24, 25; 258:7; 137:1, 9, 21, 24; 138:14; 260:22; 270:4; 279:13; , 283:16; 293:18; 312: 10 143:15,21;160:24;161:3, , 8;163:2, 7, 21;167:12; 11 170:4;171:17; 202:22; knowing 291:14 206:25; 207:9; 208:6,10; knowledge 29:6, 24; 219:1, 8; 220:14,19; 31:23; 32:3, 7; 34:15; 36:6; 235:25; 236:3; 244:25; 38:12; 40:20; 43:20; 245:7, 9, 11, 20; 246:15; 53:17; 56:23; 61:19; 63:4; 247:2; 255:19; 260:9,12, 68:15; 69:4; 72:3; 75:23; 16; 261:21, 25; 264:1; 76:12,13; 78:18; 82:5; 266:18; 267:1; 268:7; 86:2; 108:7; 110:24; 270:21;272:9,18;274:14, 115:4; 122:21; 123:1,4, 6, 8; 124:5; 128:5; 130:14; 176:9; 204:18; 230:24; 231:8; 247:14; 279:19; 281:12; 283:6 Knowlton 11:1 known 24:6; 26:2,19; 102:5; 159:1,21;193:9, 10; 229:1; 230:25 knows 34:24, 25;138:1; 161:10 Kueper 260:8 L L 51:13; 141:5; 172:20 lab 33:9; 62:3; 63:7; 73:8; 105:7, 8,18, 20 labei152:13,17,18,18; 153:25 labeled 152:7,12;160:14 labeling 154:8 labels 153:24 laboratorlss 125:17; 156:9; 310:8, 9 laboratory 33:7,12; 39:18; 54:1; 74:24; 75:1; 79:15; 82:4;106:8,19; 241:17,19; 242:1, 6; 247:5,16; 248:6, 7, 9; 249:13, 15; 250:2,14; 276:12; 288:8; 313:8,11, 13 lack 48:10; 60:19, 24; 280:10 ladder 98:25 ladies 44:6 lady 42:19 language 153:2 Lanius 194:15 large 28:10;132:14; 155:14; 189:4; 190:23; 237:22; 240:7 larger 155:17 Larry 10:6 last 10:15; 12:2; 34:6, 8; 84:3; 142:12; 171:22; 190: 1; 192:13; 197:20; 258:6, 9; 284:17; 311:10, 12; 312:24; 313:15 late 69:4; 73:2; 268:2; 270:1; 271:15 later 22:18; 44:17;107:1, 4; 119:16; 146:14; 174:24; 176:5; i77:6,7; 275:11 Latest 211:17 iavage 145:16,17,19; 196:25; 197:1,3, 4,14, 23 krvaging 174:6; 198:9 law 16:1; 39:21, 25; 41:19; 42:3,14; 43:3; 66:21; 76:2,19; 79:1, 8, 19; 81:6;162:9; 258:23; I 267:5; 273:3 lawful 15:18 I laws 76:8 lndicate6 - laws (10) Min-uscripto 51538 4935
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Joseph E. Bumgarner November 11, 1996 means 27:16,18,19; 35:5; 115:21; 116:25; 131:1;160:19;166:20; 195:10;197:24;198:2 meant 133:8 meanwhik:167:4 measured 144:13; 152:20 measurement 94:25 measures 152:21 measuring 149:23; 159:17,17 meehanism 58:16; 126:12,14,15,18; 127:1, 8,13,16, 22;129:7; 130:17; 146:13, 15; 149:13;151:12;181:11; 211:2; 217:3; 219:18,19; 299:22 mechanisms 129:12; 155:19; 156:18,19 Medal 20:19 rnedaVracognhion 20:22 media 55:5;89:24 Medicaid 115:20 medical 176:7; 184:23; 186:23; 195:13; 197:2, 10, 11; 199:16,24; 203:4,12; 207:22; 211:6; 213:3; 232:6,11; 280:9; 287:19 Medicine 20:7; 203:1, 6, 19; 207:18 meet 167:23; 222:8; 224:13, 18; 231:25 meeting 20:1; 37:13; 44:11,15,16;46:4,6; 52:5; 66:21; 266:7; 270:8, 12 meetings 36:14; 112:14; 114:11;122:3,18; 187:17, 19; 230:11,14,23; 231:6, 10; 235:9; 236:15,19; 237:1, 6 member 56:11; 232:19 mcmbers 38:9; 45:2, 23; 254:10,22;262:11 membranes 210:20 rrlsm066:25; 77:21, 23 memorable 45:21 memories 103:14 memory 52:22; 95:6; 103:23; 150:21; 179:2; 186:20; 243:11; 246:24; 247:8, 22, 25; 251:22; 252:11; 253:2; 256:1; 306:23 man 48:20; 101:18; 284:15; 305:9 mention 81:18; 218:19; 219:20; 251:7; 2733, 6; 295:19 mentioned 67:12, 15; 72:1; 86:21;10292; 107:18; 256:24; 258:21; 269:15; 302:21 mentor 94:2, 4, 7; 99:16; MINTON 10:19,i9 126:22 minute 91:9; 150:24; merely 83:15 261:23; 311:7 met 85:2, 4,11; 86:8; minutes 15:25; 222:16; 90:1; 92:22; 109: 15; 113:14; 114:10, 11; 172:20; 220:25; 221:3; 225:8; 232:16, 19; 234:18; 235:20; 236:7,11,18, 22; 260:23;287:22,22; 294:14,16;311:11,12 metabolic 145:10 metaboiism 19:25; 23:17,18, 22, 23; 25:10, 12; 65:8, 9,13; 73:19; 78a0; 96:4;126:17; 130:4;131:3; 145:1, 2, 74; 299:10 metabolites 152:8 method 21:6; 27:11,13; 28:13; 131:13,15; 146:4; 148:18;149:3,16;151:20, 25; 153:18; 154:11 methodology 132:2, 7; 153:20 methods 20:24; 64:5; 132:11, 21;144:7;148:22; 153:22;160:2;183:18 mice 26:1; 67:24; 68:3, 4; 96:24;145:9;173:1 Michaei 51:25 Microscopic 72:8 mid-sentence 242:23 middle 135:24; 260:1 mlght 13:7,12; 15:7; 58:15; 83:13; 106:19,20; 130:23; 179:3,3,5; 217:10; 224:24; 228:5; 232:23,23; 251:22 Mike 10:19;15:12;80:8 mlie 168:22 Miller 194:21 million 301:14,19; 312:20 milb 20:25 mimIe 159:12; 174:15; 175:6 mimicked 175:3 mimics 159:10 minced 191:25 mind 85:5; 96:24; 99:19; 103:21; 152:16; 174:17; 183:15; 190:22; 248:2 Mine 60:10;144:5;166:5 mingle 62:12 minimei 190:6 minimum 183:15 Minnesota 135:17; 136:4,8,11,25,25; 167:20;168:5,7,9,11,14, 15,15,17; 169:25; 170:2, 9,12,17; 171:2, 11; 245:21; 246:7; 286:20 minor 292:25 minority 48:5 223:20; 228:2; 287:11; 293:25 misconduct 134:7 miserable 221:18 misrepresentation 136:14 missed 10:14 missing 94:15,18;95:3; 247:15,25 mission 54:1, 3, 5; 62:22; 100:4;263:17 missions 251:25 Mississippi 163:9; 245:25; 246:2, 5, 6 misspoke 82:15 misstating 295:16 mistake 43:17 misunderstood 80:7 misuse 93:8 mode 126:15 model 159:11 modern 288:25; 289:3, 9, 15 modify 137:1 moment 37:22; 87:1; 92:22; 99:15;105:6; 115:6; 132:9; 230:6; 285:17 moments 71:9; 287:16 money 77:21; 89:20; 279:17; 311:1 moneys 309:13 monger 257:20 monkey 309:8 monkeys 128:20 month 34:8; 222:14 monthly 69:3; 7523; 227:3 months 34:8; 73:23; 74:2; 160:1, 3, 8;161:11; 222:14; 263:4 more 13:6; 28-7; 47:11, 12,21;104:10;121:5; 147:15;173:13,16; 176:13; 190: 15; 195:12; 221:18; 225:12; 234:2; 243:2; 297:21; 299:5; 300:18; 308:11; 313:24 morning 8:12; 10:3; 13:18,19; 15:23,24; 44:10; 45:20; 47:5; 91:6; 103:20,23;104:19; 108:16;109:18;127:6; 139:7; 141:25: 305:25 morning's 105:8 Morris 10:2, 5, 7;12:25; 67:1,1,5,14;71Z,8; 82:15, 25; 85:5; 91:20; 136:6; 137:20; 281:2; 289:19; 303:3, 4 Morris's 66:17 The State of Texas v. The American Tobacco Company, et al. most 31:25; 46:8; 52:11, 13,14;74:14;103:22; 104:18;132:16;153:2; 178:18; 203:9; 220:3; 240:25;254:10,22; 256:10,14,18;258:18; 271:6, 24 mostly 213:2 motel 230:15,18; 231:10 motion 169:4; 244:23; 245:1 motions 138:2; 167:8; 169:3; 246:9 Motley 8:14; 12:13,20; 13:16,18, 22;14:1, 4, 9, 16,20; 15:7,15,22; 17:14, 21; 18:10,15,18,20,23; 34:23; 35:3; 41:2, 4; 48:18, 19; 54:23; 55:16,19; 57:6, 20; 59:6; 60:12,19;b1:4, 8; 68:5,11; 71:7; 72:24; 82:6, 9; 83:11, 20, 22; 85:10,15,17, 21; 87:9, 24; 90:14; 91:3, 19; 92:8, 12; 97:14; 101:25; 104:19; 108:16;109:18;110:7, 11; 115:9,13; 116:2,6; 117:9, 19; 118:10,15, 20;120:10; 121:8; 122:24; 133:5,22; 134:3,12,15;135:10,15, 20; 136:2,17; 137:19; 139:7,8,14,24; 140:9,13; 141:8, 25;142:4;143:4, 14,18,18,21; 153:10; 160:22; 162:25; 164:5; 172:4;198:25; 201:24; 206:24; 207:6,11; 208:15; 210:12;218:6,13,17,24; 219:6; 221:1, 4, 6,16, 20, 25; 225:8,23; 226:16; 227:21; 233:19; 235:21; 236:2, 5; 242:17, 22; 244:1,12,18,25; 245:4,9; 246:2, 5; 253:7, 25; 255:15, 21; 256:13; 259:25; 260:11; 262:2, 3, 15;264:3,5,14,16; 265:15, 18, 25; 266:16; 267:3; 268:11; 270:25; 271:19,20; 272:8, 10; 273:23; 274:4, 10, 20; 275:3,6,7; 276:25; 277:20; 278:4, 20, 24; 279:5;280:5,13,17; 282:25; 283:11; 284:7, 11, 13, 23; 286:9,17; 287:1; 288:24; 289:7; 292:3; 293:24;295:14,19,23; 113:19; 116:13; 134:24; 204:12;230:9;271:14 mouth 175:8, 22; 285:13 mouths 286:21 move 66:1; 74:6, 9; 89:6; 153:4; 202:3; 235:17; 245:5; 246:17; 274:1 moved 115:13; 235:23 moves 156:23 much 16:15; 29:22; 78:11,12; 118:9; 151:12, 21; 153:21; 157:21; 175:10; 189:2; 212:2 mucosa 72:10 muRlpb 28:9 Murray 32:21; 44:19; 63:16; 86:20; 238:11 must 278:17 myselM 92:21; 127:10; 229:1 N N-y-s-t-r-o-m 22:21 name 9:18; 10:15; 14:5, 6; 16:8, 10; 24:5, 18; 26:19; 46:18; 50:10; 67:7; 83:7, 9; 85:22; 92:22; 102:2; 124:13; 133:4; 184:2; 224:7,12; 258:21, 273:9 named 15:18; 56:7; 67:13; 93:25;103:7; 184:4;186:7; 231:22; 273:7 names 49:6, 7; 67:3; 68:25; 105:4; 291:3, 5 nasal 27:20 nasopharynx 27:25 National 199:4,11; 205:1; 312:15 natural-occurring 125:19 naturally 126:16 nature 25:6; 240:2, 2; 265:9; 286:3 nearly 72:13 necessarily 178:23; 179:16 necessary 38:14; 181:25 need 7:23; 17:3; 54:19; 72:22;77:22; 164:10,23, 24; 200:18; 208: 10; 237:3; 300:24; 302:17; 303:3,12, 255:7; 270:21; 302:5; 20; 304:2,6, 18; 305:1,12, 308:3; 309:20 17; 306:5, 8,15, 22; needed 40:9; 147:15; 307:18, 23; 308:4, 8,12, 149:12,14; 174:7; 251:24 19 20;309:7 11 18 24; , , , , needs 13:1; 53:7; 274: t; 310:4 5 15 25; 311:4; , , , 278:24 314:19 ' neither 141:21 s 13 i:12; 289:6; Motley 296:2 Nell 50:12; 52:9 Mouse 26:6, 8, 9; 39:18; nervous 17:1 49:14; 64:11, 21; 67:23; net217:20 72:14; 78:21; 79:5; neural111:11 means - neuu•al (12) Min-U-Script® 51538 4937
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, CASE NO. CL95-1466AH REOUEST NQ. 93: All documents delineating total dollars spent on advertising and promotion, and in what form. RESPONSE : Reynolds objects to this request on the grounds that it is overbroad, unduly burdensome, vague and ambiguous in its use of the phrase "in what form," and seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Reynolds further objects to this request insofar as it seeks documents that relate to claims that are preempted by the Federal Cigarette Labeling and Advertising Act, codified as amended at 15 U.S.C. 55 1331 At sea.
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The State of Texas v. The American Tobacco Company, et a1 kMult 161:10; 170:1; 171:5 lawyer 42:22; 66:17; 92:23; 108:17,20, 23; 109:1, 3, 5,12;110:9,17, 18,24; 116:15; 220:23; 223:14; 236:7, 11; 238:19; 245:8; 270:6; 280:23; 308:18 lawyers 8:1, 7,10;13:24; 39:17; 63:3; 78:1; 80:18; 81:14, 24; 82:3; 84:9,14; 85:1, 2; 89:2; 90:2;108:16; 109:15, 20, 25;113:14; 114:9,12,15; 182:23; 207:6; 220:25; 234:18,20; 235:1; 238:16; 239:20; 240:5; 243:23; 264:11; 271:9; 279:21, 21; 280:7, 18; 286:22; 288:2; 290:4 lay 169:24 layman 203:16 layoff 32:2 ktad 109:18; 130:6,8,24; 264:1 leader 23:1 leadership 84:6 kulding 8:1; 99:7;127:5; 128:11; 203:4, 7; 212:12, 13,22;213:4,9,15;214:6, 11, 20; 215:1; 230:8; 263:24; 266:13 kmads 58:16; 240:22, 23 learn 43:4; 282:13 barned 44:8; 67:10; 237:21 k+as1156:14;158:2; 171:12; 174:19; 198:8; 209:2tr 219:21; 230:19; 233:4; 243:19; 256:8; 260:17;275:1 leave 45:8,15;153:14; 236:1, 4 leaves 190:5 led 129:25 left 30:23; 52:4; 60:2, 5; 79:14; 89:11, 11; 90:2; 95:8; 106:7; 111:24; 112:16,17, 21;123:11; 148:17; 158:15; 184:14, 20;185:19; 200:13; 204:1, 4,15,19; 206:14; 213:7, 12; 215:8; 231:3; 238:21; 243:13; 265:21; 287:17, 23; 292:5,18, 20; 305:23; 306:9 left-hand 143:24; 204:24 leg 91:5 legal 39:9,10,12,14; 40:17; 43:9; 76:3,11, 15; 83:24; 87:13; 223:16; 225:24; 232:15; 234:2, 3, 6, 8, 9; 235:12; 257:19 legltimste 67:19 length 183:14 lengthy 168:2; 272:2 Lenbr18:25 Leroy 50:16,17 less 159:14 lesson 171:5 kdter302:21,22,24,25 kvel97:12 levels 20:25 Ilabk+ 161:20 Iiberty 275:15 Iibrary 199:19, 21, 23; 200:1; 201:8, 10, 11; 202:3; 269:15,16,17 lie 213:2 Iies 84:7 IMa 36:15; 139:25; 195:5 Ille-styks 296:7 Liggett 10:8,11; 302:22, 24 light 162:20 likelihood 138:21 likely 220:4 limihld 170: 11, 11; 174: 1, 13; 182:17; 276:16 line 120:9;122:14;168:2; 273:6 lines 240:21 link 217:4 lipld 25:9; 64:5; 96:4; 130:3;131:2;145:1, 2; 146:9; 153:21 Ilpld-based 129:19 lipids 63:25; 65:9; 111:11,13,15;130:24; 131:3,4,6; 146:5; 296:11, 15; 297:1, 2 Ilpo 296:14 liquid 152:20; 154:8 Ilst 49:6, 7,12;104:20 Ilsted 142:20; 144:11, 19; 147:1;186:11,14 listen 226:11; 228:10 listened 37:18 lists 85:21 Iiterally 274:13 Iherature 21:8; 36:2, 8; 37:22; 38:8; 78:20; 79:4; 124:9; 130:10, 11; 185:10; 190:13;192:24;195:20, 23; 199:16. 24; 200:9,13; 201:13; 207:22; 212:21; 213:2,7;219:22;220:1,7; 264:25; 265:6, 20, 23; 267:21; 268:14; 269:21; 277:16; 280:9,19; 288:25; 289:3,15,15 litigation 82:23; 83:5; 115:21; 117:18; 118:13; 137:17; 163:10,15; 170:3 littk 33:19; 90:16; 91:4; 132:15; 217:8; 225:12; 241:9;284:20 Iive 15:12; 16:12; 161:22; 179:4; 312:12 Ilver 64:1; 65:i0;111:12 Iiving 23:13,14; 24:2 local 134:20; 135:3 located 45:3; 156:21 lodged 91:20 logical 235:15 long 27:10; 36:23; 47:15; 90:22; 103:12;104:1, 2; 158:20;167:17,17,20; 168:1; 177:15; 200:6; 202:9; 213:19; 222:15; 223:4;224:18;225:11; 227:24; 228:2; 233:10; 251:13; 252:14; 262:24; 287:9; 305:14 longer 53:7; 108:6; 179:4; 208:13; 233:6; 245:23; 251:24; 252:5, 6, 9; 272:18; 276:23 look 18:16; 27:21; 36:9; 42:11; 46:15; 49:11; 53:2; 55:20; 56:6; 57:25; 59:12, 21;60:2,5,12;61:9; 68:24; 69:13,14; 71:16; 82:16; 83:23; 84:3; 85:15; 86:6; 94:9, 11; 128:16; 135:2; 144:2; 149:25; 165:6; 191:19,22;194:4; 199:2; 244:5; 246:25; 247:18; 248:20; 254:6,20; 257:22, 25; 258:6; 260:5, 6; 262:4, 25; 264:9,18; 273:13;284:17,24;285:1, 17; 286:17 looked 40:17; 55:22; 88:8; 184:7, 10; 281:14 looking 119:7; 126:11; 127:6,15; 128:14; 130:16; 131:1; 149:15; 153:18; 184:1;241:1,12 looks 144:8; 273:21 loose-lest 40:9 Lorlllard 10:17 lose 297:16,21,22 bsing 77:21 loss 285:6 losses 65:5 lost 79:20; 297:20 lot 27:12; 154:5; 224:1; 226:16; 234:13; 268:21; 271:13 Louisiana 20:10 love 169:4; 274:18, 20 low-c hoiesterol 296:20, 21 low-density 296:14 lower 204:24 bvreriny 129:24 lunch 90:20 lung 25:3; 29:7; 33:2; 58:17; 64:1, 2,12,12; 65:10, 25; 66:2;129:23, 24;130:4, 5, 24;131:3; 145:15,17; 155:24; 178:12; 181:12; 182:8; 183:23; 184:13; 191:25; 195:3; 197:5; 212:1,1, 3; 213:20, 23, 25; 214:3,18, 19, 21, 25; 215:1; 216:11, Min-U•Scri; 16,18, 21; 217:15,17, 22; 218:10; 220:5, 5; 281:7, 11,14; 285:15; 288:25; 289:15 lungs 27:1, 6, 9; 70:22, 24; 72:10; 73:18, 20; 74:8; 145:19; 146:4; 155:16,17; 174:7, 8;175:8;195:1; 196:24; 217:13; 271:2; 285:15, 25 M ma'am 11:15 machine 27:24; 28:1, 2, 8; 30:6; 70:12; 151:8; 195:11 machines 28:14; 30:16; 204:5,8,9,17,21 MacLAREN 11:6,6 macrophage 281:8 Mecrophages 196:23; 209:23 main 24:11; 26:10; 63:14 mainstream 175:22 maintain 33:9 maintained 33:25; 199:18,20 maintains 23:24 major 19:2, 3;125:4, 6; 153:19; 185:1; 203:20; 282:1; 292:21 majority 48:4, 4, 6 makes 12:15; 263:10,13; 267:14 making 87:10; 301:10 male 156a 5; 277:3, 4 maWt 158:3; 182:13 MALOW 10ao,1o mammals 96:21, 24 man 62:11, 24; 86:20; 93:25; 100:19; 101:3,11, 15; 120:15; 129:2; 134:4; 161:21; 186:7; 231:21; 283:5 man's 161:14,19;166:20 management 32:10; 63:5, 5; 75:25; 79:19 manager 150:4 manifestations 179:25; 180:2 manifesting 179:24 manual 300:3 manufacturing 106:15 many 29:13,16; 31:8; 48:1; 49:11; 52:4, 8; 78:8; 80:13, 15; 81:5; 92:25; 104:22;124:18;126:25; 130:10;160:3, 8;173:19; 188:18; 192:12,15; 211:19; 229:8,16; 255:7; 291:5 March 23:4; 24:5; 30:23; 31:16, 24; 39:3; 41:9; 47:5; 52:5,17; 56:17; 63:19; Joseph E. Bumgarner November 11, 1996 71:20; 72:16; 77:25; 89:11;142:3; 266:21; 276:13; 277:5; 284:16 Mariiyn 11:11 mark 117:11 marked 55:18; 70:21, 23; 117:23;118:4;139:9,15; 140:25; 141:1; 142:25; 147:20, 23;187:22, 25; 190:5; 191:6,9; 194:9, 22; 196:7, 10; 201:17, 20; 208:17; 209:24; 210:2; 216:2, 5; 226:22; 246:21; 248:14;272:3 marker 149:14; 150:25 marking 133:6 marrled t6:22 marvelous 229:23; 281:21 mess 32:2 master's 19:14; 22:4, 6, 9; 81:20; 95:17; 97:12 materlal 66:1,1, 2;138:9; 152:22; 156:21; 157:12, 21; 159:18; 176:4; 197:22; 259:10; 281:10; 289:9, 21 materials 288:6,13; 292:5 metter 7:3; 13:4; 15:3; 34:24; 91:24; 104:11; 159:21; 175:2; 189:3; 243:21;260:3;265:10,14 Matters 83:24; 101:19; 102:13, 20;104:5, 6, 7,14, 17,23; 121:11; 135:2; 238:3; 246:12; 290:8; 295:3; 306:1 maximal 190:4 may 8:7; 13:16; 58:24; 60:18; 71:6; 91:3; 92:16; 115:7,9;118:6;119:17; 120:7; 126:3,17; 139:8; 153:10; 163:17,24; 165:19; 166:16,22; 167:10; 171:17; 188:7; 191:13; 194:1; 197:21; 198:4; 208:2; 210:13; 217:7; 220:19: 228:8; 239:10; 255:15,16; 272:8; 277:20; 302:3 maybe 162:24; 222:13, 14;225:13;243'21; 286:19; 309:24 Mazzeika 50:20 McArthur 51:3,4 McDermott 273:7, 8,11 McNEELY 9:2, 2; 245:12; 261:21;304:13 mean 28:19; 30:12; 45:10; 53:21; 63:9; 73:1I, 77:2; 80:6; 126:14; 145:16; 152:11; 160:11, 18; 175:5; 178:23; 179:20; 198:11; 210:25; 251:1; 281:24; 293:23 meaning 57:7 meaningful 62:23 51538 4936 (11) Lamslllt-meaningful
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The State of Texas v. The American Tobacco Company, et aL that that you [2a were asked about RJ. Reynolds lawyers? Irsi A: Nothing in hete. I>A1 Q: Nothing about that in there is there? [2si A: No. Page 287 [ti MR. MOTLEY:Thank you, sir. 121 JUDGE RADFORD: Redirect (sic)? 131 MR. GROSSMAN:Yes. Thank you, t+i your Honor. isi FURTHER EXAMINATION !sl BY MR. GROSSMAN: DI 0: Mr.Bumgarner- isi JUDGE RADFORD: Can you give me a 191 suggestion about how long you're going to take? ttoi MR. GROSSMAN:I guess about 20 [tq minutes, your Honor. 1121 JUDGE RADFORD:Okay.Are you u3t okay? 1141 THE WITNESS: I'm okay. ttsl Q: (By Mr. Grossman) Mr.Buntgarncr, you 1161 were asked a few moments ago whetherRJR- [trl RJ.Reynolds since the time when you left Osl RJ. Reynolds provided you with the Brubaker p91 report or any other medical reports or scientific [ao1 reports. Do you recall that? 1211 A: Yes. [nt 0: Whenyoumetwith-youhavenot met [231 with RJ. Reynolds since you left RJ. Reynolds; 1241 is that correct? t2si A: Only with representatives from Womble Paga 288 iii Carlyle. rol0:Only with lawyers from Womble Carlyle 131 when you were interviewed by the press; is that 141 correct? (sl A: That's correct. [s10: Theydidn't provide you with mate- riais m at that time; is that correct? Isi A: Only the laboratory notebooks. 191 Q: To show you that those - (wi A: Those were the original copies and not uu Xerox copies. 1121 Q: They didn't provide you with any new n31 materials that you haven't seen before; is that [nq correct? itsi A: No. n6t 0: They didn't try-they didn't try to u7i suggest to you what you should be thinkingabout nsi smoking and health; is that correct? n9i A: No,they did not. [2010: They didn't try to direct your views htl on this in any way? [ul A: No, they did not. [23t 0: Now when you flew here on the private [241 jet with Mr. Motley, did he provide you with Ini modern literature on lung surfactant? Page 289 [u A: No, he did not. 1210: When you flew here on that priw ate [3t jet, were you provided with modem literature on HI emphysema? isi A: No. [si 0: And when you flew here on Mr. Motley's m private jet with Mr. Motley talking to himfortwo [si and a halfhotus, did he provide you with any 191 material - any modem research or other research [tol on elastase? tul A: No, he did not. n2i 0: Or ptotease? 1131 A: No, he did not. 11410: Did he provide you with any [tsl literature - modern literature on lung disease? pbl A: No, he did not. In1 Q: AB he gave you were Reynolds psl documents that he wanted you to testify about lt91 about PhiBp Morris documents and CCR documents he [201 wanted you to testify about? t2t1 A: That made up the bulk of the material. Iu10: Those are the ones he cher- rypicked; is [z31 that correct? 1241 A: Again, I don't understand [2s1 "cherrypicking." I'm sorry. Page 290 n10: Those are the ones he selected; is [2i that correct? (31 A: I assume somebody selected it. [41 Q: He or the other lawyers working with [sl him selected? [s1 A: I assume they were chosen. nl 0: Okay. Now, you said earlier that Bob 181 Bruce worked on the starch matters entirely when [91 he was in the Biological Rescarch Division; isn't uo1 that right? pu A: That's correct. 11210: He couldn't - he was fired when you p3t were, wasn't he? ps) A: Yes, he was. usl Q: He couldn't possibly have been fired nsi because of work that he did on smoking and health, n7t could he? 1181 A: He didn't work on smoking and health. u910: Because he never worked on smoking and rool health? [m A: That's correct. [2210: So the fact - so work on smoking and 1231 health couldn't possibly have had anything to do [x+t with his dismissal Joseph E. Bttmgarner November 11, 1996 Page 291 (q A: I would not think so. 1210: And earlieryou testified-you went 13] through the names of the people who were dismissed (sl along with you in 1970, and you didn't recall the isi names of many of them. Do you recall that? Isl A: I do not recall who they were,yes. m 0: You didn't recall who theywere or isi where they worked, right? [9i A: That's correct. pol 0: You didn't recall whether they worked tul on starch orpharmaceuticals or smoking; is that ua correct? It31 A: That's correct. (t4) 0: And not knowing where they worked, you [tsl can't know which people from starch and which 1161 peo- ple from pharnnceuticals were fired when you [171 were dismissed; is that correct? pel A: What their associations were, I could 1191 not know whether or not they were fired. The only 1201 ones that I was aware were the ones I pointed out. [=t10: But you certainly do know that it 1221 wasn't just people who worked exclusively on 1231 smoking and health who were dismissed in 1970 when [2+i you were; isn't that correct? t2s1 A: With Bob Bruce being among onesthatI Page 292 ttt know was dismissed and he did not work on smoking [21 and health, the answer to that is yes. I 1310: Okay. Now, Mr. Motley spokc with you 141 about a personal sense of duty to disclose [sl materials. After you left Reynolds,you testified 161 earlierthat you felt free to discuss your work on 171 smoking and health with anyone; isn't that Isl correct? [91 A: I have my own personal code of ethics uol that says smoking and health data should not be un repressed from the general public. 1121 Q: That's fine.You feh free to discuss I[31 your smoking and health work with anyone and no n4t one from Reynolds evertried to stop youfmm t[s1 doingthat; is that correct? u61 A: No,they did not. 11710: That is correct, isn't it? I usl A: After I left the company, they did 119; not, [xo10: And after you left Reynolds, did yo u[2 p go to any tna jo r[utiversities to t e 0 themabout t22ithe research that youhad done at Reynolds or that i2sl others had done at Reynolds? 12.1 A: No, I did not. from Reynolds; isn't Ihat 1251 correct? I 12510: Did you go to any minor uni- Min U-Scri 51538 4921 (49) page 287. Page 292
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CASE NO. CL95-1466AH See Cinollona v. Liggett Groun. Inc., 505 U.S. 504, 112 S.Ct. 2608 (1992). DOUGLAS J. CHUMBLEY Florida Bar No. 356301 MARIA CHARLES McGUINNESS Florida Bar No. 858137 POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. 4000 International Place 100 Southeast Second Street Miami, Florida 33131 (305) 530-0050 Facsimile: (305) 530-0055 R. DAL BURTON JONES, DAY, REAVIS & POGUE 3500 One Peachtree Center 303 Peachtree Street, N.E. Atlanta, Georgia 30308-3242 ROBERT F. McDERMOTT JONES, DAY, REAVIS & POGUE Metropolitan Square 1450 G Street, N.W. Washington, D.C. 2•D005-208B Counsel for R.J. Reynolds Tobacco Company
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The State of Texas v. The Amerlcan Tobacco Company, et aL 252:2; 264:13; 288:21; 299:14; 304:22 waylay 168:24 ways 155:14 Webb 191:13; 194:15 week 249:3 weekend 76:25 weeks 34:6; 224:17; 263:3 weevil 96:5 weight 65:2, 5; 296:24; 297:7, 8, 9,17, 25; 298:5, 10 Weissbecker 141:5; 171:25;172:20 well-sstablished 154:9 Wellcome 93:19; 94:5; 105:9,15,16;106:12; 238:22; 241:2 weren9 26:20; 76:7; 107: 1; 128:14; 178:5; 201:2; 204:17; 231:17; 255:25; 301:19 What's 35:21; 126:11; 147:23;164:21;170:20, 24;199:7; 216:5 whatsoever 63:2; 81:18; 91:12 whereas 190:8 wherever 152:18 while 189:1 who's 9:8; 37:21;121~•3; 236:11;271:8;297:13 whole 32:23; 43:16; 71:23; 72:4; 84:16; 118:25; 127:10,14,18; 142:2; 144:21; 162:8; 189:21,23;215:16;218:3; 307:18 whose 67:3; 105:17,23; 144:4;148:2;235:10 Willard 86:17,18 Willism 50:20; 86:15 Williemson 9:23 willing 73:9; 222:21; 223:3, 6 willingly 285:7 Wlnder124:14,15,18,24 windmill 286:12 Wlreback 208:21 wlsh 92:3; 118:22; 274:21 wk11Me 17:16; 116:17 wRhdnwn 91:25; 92:6, 9 whhheld 35:7, 23 within 24:2; 32:13; 102:8; 157:12; 231:20; 299:9 without 12:18;135:12; 162:15;192:4; 202:5; 232:14;247:4,4;306:1; 313:8,13 witness 7:8,17; 8:2; 12:2; 13:17, 21, 25;14:3, 6,11; 15:6,18; 17:15; 18:22; 34:23; 48:13; 54:17; 60:10,20,20,25; 84:24; 85:2, 3, 8; 92:16; 116:9, 18,22; 117:4; 118:22,23; 119:3,12, 22;120:18, 24; 121:3,14,14; 134:20; 138:15,15, 22;161:1,13; 162:5, 24;164:12;166:6; 169:1; 171:1; 202:2, 4; 208:8,12;218:18;242:24; 244:5, 6, 8; 247:3; 264:2; 270:23; 277:14; 278: 1; 280:4,12; 282:24; 283:9; 286:11; 287:14; 295:16; 303:4, 25; 304:4, 8, 9; 305:8; 306:18; 310:14,22; 314:22 whness's 15:9 witnessed 29:8;61:21 wknesses 7:16; 165:1,4, 4; 225:6; 227:22; 304:3 woeful 169:6 Womble 41:13,17; 42:12, 22; 79:23; 80:6, 9; 113:15; 114:12; 243:24; 275:23; 277:2; 287:25; 288:2 won 20:17 wonder 76:19 word 77:3; 88:11,14; 145:23, 24; 218:1; 226:11; 249:4,12 wording 251:13,14,15; 253:22 words 27:4; 39:7; 53:5, 10; 58:7; 73:22; 152:18; 157:21; 272:25; 295:20 work 20:23: 26:13,14; 33:7; 38:1, 5,6; 40:5, 11; 44:8,10; 48:15; 49:13; 53:1; 55:9; 58:14; 62:11, 17,19; 63:1, 6,18; 64:8; worked 12:24; 23:2; 114:13; 130:10; 148:15; 27:13,14;44:14;48:20; 158:22; 247:25; 252:13, 49:8,11,14; 50:4,13; 15; 253:3, 23; 264:7; 51:8, 18; 52:4, 10; 56:13; 275:11; 277:15; 286:12; 64:21; 101:18; 102:5,13, 313:15,24 15,17; 103:1; 104:5,6, 10, yours 103:16; 105:25 17 20 13 25 105 5 , , , ; : ; 107:2; 108: 18; 129:22; Z 144:18; 147:9,13; 158:13, 16; 160:7,9; 173: 1, 8, 11, 25; 174:20; 182:15; 231:3; 240:25; 255:23; 256:14, 18; 266:8; 276:23; 277:14; 281:13; 290:8,19; 291:8, 10,14, 22; 293:3 workers 94:23; 238:8 working 24:4; 33:6, 11; 36:7; 48:25; 53:25; 62:13; 71:14; 102:19,22;106:25; 109:16;111:25;127:18; 129:7,14; 130:21, 23; 131:10; 132:2; 148:22; 174:6;182:9, 20;183:23; 193:2; 195:24; 196:3; 198:20; 199:15; 204:5, 7; 206:23; 210:23; 211:3, 21; 224:23; 258:14; 261:5, 7; 290:4 works 124:23 world 199:17;201:14; 213:16 worlds 202:7 worried 162:17; 179:25 worth 314:16 write 38:1;76:14;88:9, 11, 14; 109:12; 144:6 wrlters 214:20 wr(ting 75:13:76:7; 95:25; 259:20 written 46:12; 95:22; 66:5; 73:7; 75:2; 78:13, 20; 150:12,15;194:15; 79:5; 93:12; 96:8,11,14, 198:21; 284:14 17, 20, 23; 97:2, 5, 9; wrong l]4:1;136:3; 99:20; 100:2,7;101:24; 171:3; 209:19, 20 24; 104:23; 108:3 13 , , wrote 69:1; 94:20; 148:4; 109:19; 111: 16,19; 150:6 15 16 17 19; 112:19 18; 23;113:3 5 , , , , , , , 166:1;186:7; 208:21; 114:5 25;121:25; 122:19; , 217:9; 225:2; 244:9 123:24;124:10;1262; 127:11,18, 21, 25;132:18; 141:19; 142:15; 150:9; ~ 156:16,17,18;157:8,10, 10, 18; 158:6,8,9, 10. 11; Xerox 55:24; 238:11 159:23; 160:2; 161:15,15; 166:7; 167:24; 168:4; 173:4,7;174:5;178:12; Y 181:19;182:12 18; , 184:13;185:18, 185:18,2318, 22; 187:3, 8, 10; y'sll 163:10 198:23; 200:8; 206:13; Yeah 45:22; 88:5; 129:11; 227:8; 232:11,12, 24; 172:17; 199:20; 231:2; 238:1,2;254:13,23,24; 264:14; 272:24; 305:1 256:5, 15; 259:12,21, 24; year 73:23; 132: 10; 269:5,6; 270:19; 279:23; 215:17 286:8; 290:16,18, 22; years 23:5, 8; 25:8; 26:3; 292:1, 6,13; 293:6,10; 34:6, 7; 35:15; 36:1; 38:22; 302:13; 304:16, 25; 305:4; 41:12;47:17; 50:2; 80:i6; 306:20;313:25 81:21; 92:25; 93:16; work-product 261:20 101:19; 103:20;113:17; Min-U-Script® Zone 272:22 Joseph E. Bumgarner November 11, 1996 51538 4946 (21) waylay-zone
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The State of Texas v. The American Tobacco Company, et aL preparing 70:1 preproduced 135:3, 4 presence 32:8; 82:3; 177:1; 178:14,15; 223:7; 232:8; 314:24 problems 27:12; 63:2; 160:19; 179:13,22 84:13,16;136:24;159:8; present 10:6; 123:11; 168:4; 174: 20; 177:7, 8; 160:15; 187:9, 10; 192:2; 178:10, 11; 212:6 215:18; 239:21; 244:15, procedure 75:5; 116:3, 19, 21, 22 presented 122:2;123:8, 16,19;124:3;169:10; 217:13; 244:9,10; 253:7; 275:25; 277:1 presenting 118:21; 244:17 presently 244:23 preserve 119:15; 164:18 preserved 80:22; 119:2 preserving 60:21; 166:20 president 76:23; 86:11; 238:12; 278:11 press 32:5, 7; 61:12; 134:12; 288:3; 301:10,13, 18;312:19,22 presumes 48:10; 153:12 pretty 153:21; 175:10; 199:18; 214:15; 24624 prevent 122:5 previous 15:25; 24:22; 31:24; 59:22; 61:1; 201:3 previously 73:6; 259:17 Price 67:13; 172:15, 16, 21,23 priced 82:14 primarily 166:16; 173:5 primery 132:18 primates 128:24; 309:1; 310:18 PrimeTime 312:12 principal 173:8;175:21; 216:22;298:13 principle 132:20,20 print 211:16 Prior 39:16; 55:21; 66:21; 76:23; 275:24 private 33:20; 58:13; 120:17;221:12,14,20; 222:1; 240:13,15; 288:23; 289:2,7;293:9 privikge 7:20; 12:22,23, 25; 13:4,9,11; 83:12,15, 19; 166:4; 260:4; 261:16, 20 privileged 166:8; 262:5 privy 119:22; 121:11 Probably 80:17; 104:23; 133:2; 179:7; 180:14; 182:4; 236:24; 300:21; 314:1 probe 103:24 probing 126:10; 127:8, 22 problem 12:20; 27:15; 133:22,24; 157:11; 175:25:176:15,18, 23; 18;136:8;146:18;149:20; 150:9;175:3; 214:17; 223:10,11 procedures 133:13; 136:10; 144:20; 146:23; 150:7;174:14,24,25 proceed 12:12; 85:20; 117:23; 118:6, 11; 120:4; 136: 1; 138:25; 202:22; 220:19;255:16 proceeded 266:3 proceeding 60:20; 119:14;120:17;137:1; 261:17 PROCEEDINGS 7:1; 85:9:124:1, 3, 6;134:14; 245:17; 261:20 process 23:23; 30:2; 40:6; 70:11; 130:6,8; 151:19;223:14;230:7 processaa 21:1; 53:24 procession 151:16 produce 62:23, 24; 75:11;115:14;117:1; 121:20; 134:16, 19; 161:13;162:17;164:6,11; 168:18;170:16; 259:15; 274:9 produced 7:9; 66:6, 25; 67:1,18; 68:14, 23; 69:4; 79:1; 82:23; 83:1; 90:9; 94:11;118:13; 119:13; 135:5, 7,13;137:16,19; 138:4, 5; 163:12; 164:4; 202:4; 212:2; 246:7; 260:1;276:9 producing 202:5 product 54:10; 229:12; 259:21,24 production 130:5; 131:4, 6;133:22,24;159:18; 169:6;170:10;171:8; 205:15, 17, 25; 260:7 products 23:25 profession 203:12 protessional 18:17; 238:7;285:6;294:19 professionals 294:8 profesaor186:17 program 31:6; 141:4; 312:6 programs 53:6;145:12, 13 progress 28:12; 75:3; 314:16 prohibited 7:18 project 25:9; 49:1; 51:19; 148:24,25; 149:2; 258:14 proJections 65:24 prof ects 40:12; 249:2; 254:14; 255:24 prolonged 65:4 promise 305:13; 309:17 promised 283:17 proper 119:11 properties 282:14 property 105:14,18,19, 23; 106:4,5; 239:9; 250:4; 313:9,12 proposed 219:19; 224:20 proprietary 106:19, 24; 113:3,6,8,10 protease 289:12 Protection 14:13;16:18; 18:8; 20:19; 93:13 protective 82:24; 83:16; 92:4;136:4;137:2; 163:13; 300:24; 303:22 protein 217:19 protest 241:8, 11 protested 91:24 protocol 37:14 protocols 300:13 protracted 276:17 proud 30:15; 62:16,19; 63:1; 73:7 prove 131:17;233:13 proved 212:11; 250:17 provide 261:23; 288:6, 12, 24; 289:8,14 provided 30:17; 74:12; 250:8; 261:13,15; 263:7; 264:5; 265:5; 268:12; 287:18;289:3;302:16,20, 20; 303:6,12,25 psychological 299:10 psychology 299:11 Public 20:4; 54:2, 5; 90:10;106:1;114:25; 115:2; 118:12,13; 119:24; 135:19; 136:9; 181:22,23; 203:20; 258:15,19, 20; 260:3; 274:8,10; 292:11; 308:11 public's 105:24 public-heahh 35:13,19 publication 78:19; 79:11; 116:11; 125:5,9;184:9; 191:14; 196:17; 266:23; 268:17 pubiiostions 79:4; 94:15; 111:7; 115:22; 124:19; 125:6; 220:8 publicly 122:6 publish 35:25; 36:8; 38:15; 89:10,13;194:8; 241:13; 265:6; 314:24 published 21:7; 37:21; 38:7; 87:19; 96:1;124:9; 124:91- 125:11; 184:3,4190:13; 191:13; 192:24; 194:16,17;195:20,23; 196:19; 200:9,14; 207:14, Joseph H. Bumgarner November 11, 1996 17; 2t0:18; 262:20 21; , 264:25;265:20;266:2,22; R 267 21 268 1 14 271 : ; : , ; :9; 280:8, 20, 24 R 24:25; 82:15; 141:4; pulled 168:10,12 172:20; 244:3; 269:15; Pulmonary 188:5; 190:2, 273:11 18; 192:1,5,6,17; 195:15, R.J 7:4; 9:10,13,15,17; 17; 196:23; 197:17,22; 11:13; 12:24; 13:10; 198:17; 199:17; 200:8; 21:14; 22:4,12, 17; 23:2, 207:23; 210:20; 211:1, 9, 8; 24:4, 20; 25:2, 8; 26:3; 21;212:13,16;213:21,22; 214:1 pulmonoioglsts 214:4, 7 pumped 27:8 punching 210:19,24,25 punish 171:2 purchase 107:11, 24; 237:12,16;254:16 purchased 183:11; 252:21 purchasing 255:5 purports 66:25; 82:10 purpose 7:7; 32:12,23; 60:21;169:8; 268:5 purposes 75:2; 188:1; 191:10; 194:12; 196:11; 201:21; 210:3; 216:6; 246:22 pursuant 7:11; 131:15; 134:16,19 pursue 78:13; 254:16 put 13:10; 117:9; 153:1; 161:10; 168:10,13; 296:21 puts 28:3 putting 46:11 Q qualified 269:11,13 quality 15:8; 53:1; 63:6; 99:19; 286:8; 304:25; 305:4, 4 quantilative 151:23 quash 89:6 questionable 267:22 questioned 210:11; 242:3 questioning 12:2 quick 167:15; 284:12 quiet 134:10 quh 40:7; 282:6 quite 13:23; 121:21; 165:24 quotations 59:9,11,14 quote 59:22, 24; 60:3,13; 67:15; 84:10,11;190:2; 248:24; 249:3, 5, 6, 7; 310:7 quoted 209:3, 4, 6 quotes 258:9 30:17; 31:19; 32:13; 33:11; 35:11, 17, 24; 36:16, 25; 37:8; 39:13,14; 40:19;41:6,20;42:5,10; 47:16; 56:20; 66:19; 68:19, 24; 69:4; 71:14; 73:23; 75:25; 77:9; 79:2, 9; 81:7,15; 82:4; 84:18; 85:5; 86:6; 87:3; 89:8, I1; 90:1, 5; 92:24; 93:21;115:19; 116:8,13,16;119:8; 120:17, 20;125:17; 126:4; 133:11; 136:6; 141:3; 161:15; 162:1,16; 164:11; 172:15, 21;185:19;187:7; 204:10,15; 205:8, 23; 206:14,17, 20; 208:23; 227:14; 231:24; 234:18; 241:13; 249:14; 250:2,4; 254:2; 257:7; 259:18; 260:1; 262:7,19; 264:6, 11, 24; 265:4; 266:2, 8; 267:24; 268:12,25; 269:3, 20, 25; 270:7; 272:14, 19; 275:11; 276:23, 25: 277:9, 15; 278:12; 279:12, 21; 280:7,18; 281:5; 286:22; 287:17, 18, 23, 23; 294:1; 295:1; 301:1, 11,15; 302:14; 306:24; 310:7; 311:2;312:21;313:10 rabbit 26:16: 27:5, 23; 28:4; 173:12; 175:25; 176:12,15,16;180:16; 188:22 rabbits 25:25; 26:18; 29:3,14,16; 64:3; 71:23; 72:4; 96:23; 142:2; 14 5:9; 155:1,16,17,19,23; 156:3, 5; 173:1, 9,17; 174:1,4,6,8, 11; 175:11, 12; 176:18; 177:2,4,5,8, 11, 13; 178:2,5,8,18; 179:14,23;180:21; 181:13; 188:19; 189:1,4, 7, 8,11,13;195:8; 206:4, 10; 276:2, 3, 6,10,14; 277:3, 4; 282:16; 285:14, 15,24;286:20 RADFORD 7:2; 8:16, 20; 9:1, 8,18, 22;10:8,14,17, 22;11:1,8,14;12:6;13:8; 14:18,22; 17:18; 41:3; 48:17; 54:18; 57:17; 59:1, 5; 61:2; 68:7; 71:6; 72:19; 83:2, 18; 85:19; 90:18, 24; 91:15; 92:5, 15;115:8, 12; I16:4;117:11;118:1,6; 119:19;120:3; 121:10; 122:8; 136:21; 137:9,21, M;°-u-Sp 51538 4940 (15) preparing-RADFORD
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. Joseph E. Bumgarner November 11, 1996 fault 162:14,16 favor 190:7 favoring 190:10 Fear229:23;281:21 February 203:22,24,24; 266:22 faoes 152:24 federal 44:2; 240:9, 10, 11 f e e l 78: 2; 99: 2 5; 2 58:15; 305:25; 306:22 feeb 166:9 feibw 103:6; 184:4 felt 44:9; 99:22; 109:24; 111:23;112:22;149:24; 168:16;174:19;178:8; 232:23; 292:6,12 femde 156:15; 277$, 3 females 158:3;182:13 FENNELL 9:16,16, 20, 20; 165:21; 167:14; 245:18,19, 23; 246:4, 8 few 43:11; 114:11; 287:16; 293:24 fiek138:4;124:23; 2003; 203:6; 214:21; 220:4; 299:15 fields 251:8 Fifth 301:24; 305:2; 307:13,21 fight 88:24 fib 91:22; 115:17; 137:5; 161:11 filed 115:16;133:7; 167:21 files 67: 1; 82:14; 162:23 filing 133:13 fill 23:7 _ fiim 129:19 final79:13,16 finally 164:16 find 42:16; 65:15,19; 66:3;120:1;129:8; 133:18;135:8;151:20; 159:9;170:17; 208:5; 219:6; 232:8; 233:22; 260:16; 270:3; 271:22; 282:11; 286:19; 309:24 finding 70:20; 198:4 findings 35:12; 37:7,10, 24; 78:3; 89:10,12; 197:21; 203:18, 20; 275:16; 305:19 fire 13:21; 15:11;90:21; 103:25; 137:14; 166:25; 208:8; 223:15; 254:12; 285:6; 292:12 finish 74:18;164:18; 237:4; 279:3: 308:17; 310:4 finished 163:20;164:1; 314:24 finishes 221:24 finl5e 314:25 fired 48:11, 20; 52:8, 9; 56:15; 60:5; 61:24; 238:17; 255:25; 256:22, 23; 277:5; 283:21; 286:14; 290:12,15;291:16,19 firing 231:15; 241:2 firings 240:7 firm 41:19; 423,14; 66:21; 79:1, 8; 81:6; 258:23; 267:5; 273:4 first 8:9;14:1;15:19; 32:4, 9; 34:7; 38:22; 40:13; 41:4, 8; 50:10; 53:4; 65:16; 69:15; 77:19, 20; 94:14; 117:22;119:14;126:4, 6, 7;132:8,10;148:17; 152:5, 5;153:18;154:24; 158:19;165:19;169:22, 24;172:19;188:8, 8; 191:22;192:13;193:7; 194:20; 210:16,17; 222:8, 12,13,19; 224:13; 225:10; 226:20; 249:6; 275:21,25; 284:18 firsthand 124:5 five 80:17; 148:15; 188:9; 218:7; 246:16, 25; 248:1 Flvao-Year 143:1; 148:14, 21 fiavors 254:13, 24; 256:15 flew 226:2; 288:23; 289:2, 6 flight 225:11; 226:5 fklor165:17 Florida 115:14, 20; 116:14,20;117:18,20; 133:7,8,16,25; 134:6; 135:5; 139:15; 162:18; 163:9; 164:5,6 Florida's 117:6 FLOWERS 9:6, 6; 140:15,17; 221:3; 222:3, 9; 223:19; 225.21, 23; 226:17,23;227:11 fiuids 197:23 Fluk64:15,17,21 flush 197:5 fly 77:22 flying 221:6 focus 73:4 folks 52:17; 68:25; 255:23 follow 37:14; 41:21; 116:19; 247:23 followed 93:24; 107:7; 152:17; 184:13,16; 185:9; 207:22; 209:1; 210:7; 220:1; 277:15 Foliowtng 153:23 follows 15:20 Folsom 170:4 food 151:2;254:13 fooda 254:25; 256:16 foot 91:6 footnote 199:3 footnotes 263:7 FORBES 11:11,11 force 83:16; 240:7 forced 116:25 Ford 107:20; 108:9; 237:22; 238:3 foreign 66:1; 126:16 form 7:24; 8:4; 40:25; 57:15; 59:3; 60:24; 61:3; 68:3; 72:17, 20; 84:23; 179:20;180:15;199:1; 206:24; 207:5; 213:24; 216:20, 22; 233:19; 256:12; 263:24; 265:9; 266:12; 268:4; 271:18; 277:13; 278:21,23; 280:1; 283:5; 286:3; 295:14; 299:10; 306:4 format 73:1 former 278:11 formerly 254:11, 23 forms 8:6; 25:20 Forsyth 120:21 forth 263:18 forthcoming 301:19 forward 149:15 Foster 50:18, 19 found 43:18; 44:17; 62:3; 65:11,13; 179:5; 191:25; 192:21; 194:22; 267:19 foundation 48:10;60:19, 25; 193:9,16,20; 277:14; 280:11; 283:5 foundations 293:9; 313:4 four 34:8;158:22; 224:19; 272:5 frame 123:10; 140:12; 150:13; 312:8,17 frames 233:9 free 109:8;111:23; 112:22; 114:4; 166:9; 212:1;229:14;275:9; 292:6,12 frequency 200:2 frequently 36:18 friendly 85:9 front 53:3; 68:24;118:14; 121:18; 139:3;140:10; 165:25; 170:25; 215:21; 259:19; 262:4; 300:24; 301:24 fruits 121:25 full 130:3; 308:10 fully 213:14 functioning 19:25; 25:15 Fund 195:14; 251:10 funded 193:4,11; 195:13; 198:23; 199:9; 205:22; 206:16,18, 20; 211:10;279:9 funding 193:20; 194:2; 232:6; 251:5 funds77:1o furnished 196:5 further 12:8; 19:18; 38:5; The State of Texas v. The American Tobacco Company, et aL 67:2; 90:14; 91:25; 117:16;138:25; 255:13, 20; 260: 10; 276:15; 287:5; 305:10,16; 311:4, 8 future 239:8 G gain 298:18 gained 36:1; 297:23; 298:18 Gelloway 86:11 game 73:22 gander 304:7 Garbage 88:13,14,15 gas 64:3 gathered 37:17; 52:17; 306:19 gave 114:24; 141:25; 142:4; 171:22; 189:19; 240:21; 264:7; 268:5; 281:5; 289:17; 303:21 Gene 64:15, 21 general 17:15; 59:16; 62:2; 63:20; 127:2 1; 129:2; 136:22; 156:1; 175:21; 216:9; 217:4,9; 218:9; 278:11; 292:11 general's 136:5,14; 184:19;185:3, 4; 215:7, 10, 14; 216:14; 218:16,19; 219:4; 277:17 generally 23:17; 30:12; 36:21; 47:7; 72:25; 77:19; 123:25; 175:21; 188:25; 213:25; 214:5; 220:1; 265:14,24 generated 72:14; 80:15 generates 23:24 generous 240:19 Genetically 129:6;182:7; 188:20; 276:7 gentleman 12:24;37:21; 56:7; 242:18; 273:7; 285:20 gentlemen 44:6; 274:11 Gerald 50:16, 17; 51:15 GERMER 10:6, 6;137:25 germs 212:1, 3; 281:7 Giammona 188:4 given 14:2; 16:1,4; 34:1; 39:24; 43:25; 58:15; 61:2; 75:24; 82:10; 91:13; 120:11; 134:21; 141:15; 147:5; 157:12; 170:6; 172:3; 189:18,21, 23; 200:25; 201:7; 207:16; 247:12; 254:2; 263:18,21; 275:10 gives 218:20; 266:16 giving 110:14; 165:12; 171:13; 222:20; 254:1 glad 143:18; 207:3; 303:20 GLC 144:7, 20 glucose 102:15 goa1148:21;150:2 goals 74:4; 132:21; 148:17 goblet 72:9 God 15:5 goes 121:18; 280:11; 313:16 golF 94:23 Good 8:12, 21;10:3; 13:14,18,19; 15:23,23; 18:9; 31:20; 63:10; 132:11; 149:22; 171:4; 181:25; 195:19; 199:19, 20; 201:15; 214:15; 220:13; 246:24; 266:17; 308:19 goose 304:7 gossip 109:21 government 42:1; 106:2, 3; 240:9, 10, 11; 293:4, 5; 305:20; 313:4 graduate 126:6; 147:10, 14 graduated 22:8 grandstanding 115:25; 168:21 Grant 8:25; 121:6; 193:8; 205:2 granted 193:11 grants 199:4; 204:25 Gray 20:7; 85:23; 86:1, 3, 9; 231:22; 232:23; 233:11 great 297:10;314:3,6, 10,13,16,22 greater 296:15 Greensboro 55:10; 81:17; 208:1,16, 22; 230:15,18; 231:11; 248:15; 250:12 Gregg 8:23 Groyhound 77:16 gross 116:18 GROSSMAN 9:14,14; 11:23; 18:18; 34:21; 35:1; 40:24; 48:9; 54:16, 21; 57:5,14; 58:24; 59:3; 60:17; 61:6; 68:2; 71:5; 72:17,20,23;84:21; 85:13;87:7;90:21;91:11; 92:14,17,20,23; 110:9, 14,16;115:6,24;117:7, 15, 24;118:7;119:17, 23; 120:5,7; 121:5,19; 122:10,12; 123:2; 133:21; 134:10; 135:6,11,16; 136:16;137:5,18,23; 138:19, 24;139:11,17; 143:16, 23;147:22;153:4, 14,15;163:17,23;165:14, 18; 168:25; 169:13; 171:15,18,19;187:24; 191:8;194:11;196:9; 199:2; 200:23; 201:19; 202:8,13,20,24;207:4,8, 12; 208:14; 2 10: 1; 216:4; 218:12,22; 219:3, 10; fault - GROSS11fAN (8) Min-U-Scsipt® 51538 4933
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a fully authorized court reporter at Magistrate Judge Wendell C. Radford's Courtroom, Jack Brooks Federal Building, 300 Willow, Courtroom No. 5, Beaumont, Texas 77701, commencing at 10:00 a.m. and concluding no later than 5:00 p.m. as per agreement of the parties as reflected in Exhibit "A" attached hereto. Magistrate Judge Wendell C. Radford will be presiding over the deposition. You are invited to attend and participate in accordance with the Fed.R.Civ.P. and the Local Rules of the Eastern District of Texas. Respectfully submitted, DAN MORALES Attorney General of Texas Tx. Bar No.: 14417450 JORGE VEGA First Assistant Attorney General Tx. Bar No.: 20533800 JAVIER AGUILAR Special Assistant Attorney General Tx. Bar No.: 00936300 TOM PERKINS Chief, Consumer Protection Division Tx. Bar No.: 15790850 HARRY G. POTTER, III Special Assistant Attorney General Tx. Bar No.: 16175300 P. 0. Box 12548 Capitol Station Austin, TX. 78711-2548 (512) 463-2191 (512) 463-2063 Fax 2
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION THE STATE OF TEXAS, § CIVIL NO.: 5:96CV91 § Plaintiff § § VS. § JUDGE DAVID G. FOLSOM § THE AMERICAN TOBACCO COMPANY; § R.J. REYNOLDS TOBACCO § MAGISTRATE: COMPANY; BROWN & WILLIAMSON § JUDGE WENDELL C. RADFORD TOBACCO CORPORATION; B.A.T. § INDUSTRIES, P.L.C.; PHILIP § JURY MORRIS, INC.; LIGGETT GROUP, § INC.; LORILLARD TOBACCO § COMPANY, INC.; UNITED STATES § TOBACCO COMPANY; HILL & § KNOWLTON, INC.; THE COUNCIL § FOR TOBACCO RESEARCH-USA, § INC. (Successor to Tobacco § Institute Research Committee); § and THE TOBACCO INSTITUTE, INC., § § Defendants § SECOND AMENDED NOTICE OF VIDEO DEPOSITION OF JOSEPH E. BUMGARNER TO: All Known Defense Counsel (See Exhibit "1") PLEASE TAKE NOTICE, that the undersigned counsel, pursuant to Rule 30 of the Federal Ruies of Civil Procedure, on behalf of Plaintiff, The State of Texas, will take the video deposition of Joseph E. Bumgarner, c/o Environmental Protection Agency, 86 T.W. Alexander Drive, Research Triangle Park, Annex Building, Raleigh-Durham, North Carolina 27711 for the above-captioned case, 5:96CV91, for all purposes permitted by the Federal Rules of Civil Procedure and Evidence. The video deposition will take place on November 11, 1996, before
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CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing Second Amended Notice of Video Deposition of Joseph E. Bumearner has the 21st day of October, 1996 been forwarded to all known counsel of record listed in Exhibit "1" by regular U.S. mail.
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The State of Texas v. The Amerlcan Tobacco Company, et aL emineM 304:17, 20 emphysema 33:2; 54:7, 8; 64:13, 24; 67:17; 68:14, 18; 70:21, 23; 71:3; 72:11; 73:17; 97:5;127:7,15,19, 21,23; 130:1,7,8,12,18; 131:7;181:11;184:16,23; 185:6,10,13, 25;186:8; 190:10,17;195:3,16; 207:22; 210:19; 211:2, 8, 20; 212:23; 213:5,10,16; 216:19; 217:5,10, 23; 219:5,14; 271:1; 276:9; 277:12; 289:4 employed 16:17; 37:8; 41:5, 24, 25; 66:18; 72:5; 73:1; 123:15; 148:11; 213:15; 257:6; 272:19; 275:8,13 employee 31:20; 42:1; 143:2 employees 40:21 employer 20:18; 92:24 employment 14:10, 12; 16:16; 18:1; 34:9; 38:22; 240:3; 260:25 encountered 29:23 encourage 84:12 encouraged 78:12 end 17:22; 84:11; 86:8; 159:16; 246:6 endlessly 309:15 Endobronchial 196:25, 25; 197:3 endorsed 267:18 endurance 91:7 energy 23:24 engaged 120:18; 254:11, -23; 280:18 engineering 97:20 England 202:25; 203:18; 207:18 enjoy 22:4 enough 78:15; 140:9; 269:11 enter 18:11; 45:15; 259:9 entered 70:13 entering 149:23 entertain 162:21 entire 166:3; 178:6; 244:3 entirely 103:20; 290:8 entirety 218:8, 8; 220:7; 253:18;267:11 entitMd 46:12,12; 83:24; 87:20;111:7;121:16; 124:25;142:1;194:14; 248:15; 253:10; 257:25; 258:7; 286:13 entomological 101:22 entomology 19:15,16, 20;20:10;95:18 environment 157:13, 22 Environmental 14:12; 16:18; 18:8; 20:14, 18; 93:13; 97:20;157:2, 5; 192:16 enzymatic 147:2, 7 enzyme 147:13 enzymes 147:9 EPA 17:12,13,16; 18:5; 41:25; 88:23; 89:1; 94:7, 20;105:20;156:7,12,16, 17,18;157:19;158:1,6, 19; 181:15; 222:23; 223:5, 7,11; 227:8; 307:4 epidemioiogical 130:10 epidemiobgy 128:2,6, 10 equipment 62:5; 74:12 era 125:13 ERF 193:9,11,13;194:4 Ernst 124:13 error 38:13 errors 38:15 escape 295:20 especlally 175:19; 177:5; 178:12 Esquire 273:12 essence 25:12; 74:24; 197:12; 228:9; 239:7; 269:4 essentially 259:18, 21 established 153:23; 154:6; 155:21; 176:10 establishing 233:4 et 64:1; 156:22; 223:25; 239:11,12;252:10 ethics 292:9 evaluate 192:2 evaluation 132:22; 144:9 even 44:1; 105:2; 114:22; 121:4; 132:1; 133:14; 149:19; 162:24; 163:12; 169:19t186:12;193:1,23; 195:24; 203:16; 223:14; 228:9; 277:16; 294:9; 313:8,13 event 191:2 everds 58:16; 75:13; 235:16 eventually 183:17 every 62:12; 155:13; 209:2; 215:17; 218:15; 226:11; 244:15; 246:25; 247:4,18,23;285:2,4 everybody 31:1:; 44:12; 49:3;159:7 everyone 34:16 everyone's 103:18 everything 228:10 everywhere 201:14 evidence 143:17; 161:21; 164:8; 264:19; 283:24; 284:10 evident267:17 exact 22:24; 31:18; 184:6; 238:14; 248:1; 251:13, 14, 15; 253:3, 22; 312:7,17 exactly 44:23;113:2; 127:7; 150:21; 151:12; 155:18, 22;175:3;195:20; 198:19; 206:3, 5, 6; 233:8, 9; 237:18; 283:16; 312:9, 18 EXAMINATION 15:21; 70:17; 72:8; 92:19; 119:25;161:25;162:8; 164:19; 166:3; 255:20; 287:5; 305:16; 311:8 examine 73:17; 119:20; 247:23 examined 138:18 examining 247:4 example 77:4; 98:15; 128:1;134:7;159:25; 164:23; 216:24; 228:8,8 exceeds 297:7, 9 Excelknce 21:6 excellent 99:17; 201:12; 304:17 except 7:19; 34:6; 223:17; 240:16 exception 256:8, 20 excerpts 215:15 excess 217:21 exchange 187:11 excNement 73:8 exclushre 154:21 exciusively 48:15; 291:22 excrete 151:1 Excuse 17:10; 24:8; 27:2; 55:16; 82:15;118:20; 132:9;160:22;169:22, 24, 24; 194:24; 197:25; 200:18; 201:24; 205:21; 218:6; 225:25; 235:21; 237:5; 242:17; 246:3, 4; 274:23,24; 304:18; 308:16; 314:19 executive 44:25; 278:12 executives 44:18; 269:20, 25; 293:20, 23, 25; 294:10,18,23; 295:1 exerclse 299:25 exerclses 84:15 exerted 83:19 exhaling 175:9 Exhlbit 18:11,13,14; 46:10; 71:9; 82:10; 94:11; 111:4;117:12,13,23; 118:4; 139:3,6, 9,15,16, 20; 140:21,24; 142:3; 143:1, 5;147:20, 23; 171:20,24;187:22;188:1, 3; 191:6, 10; 194:9,11, 13; 196:7, 11;201:17, 2l; 208:3,17; 209:24; 210:3; 216:2,6;218:15;245:6,6; 248:14,19; 253:7; 275:2; 284:13 exhibhs 226:22; 246:16, 22; 304:1 exist 227:15 existed 77:23; e9:3; Min-U-Scrlpts 133:14; 178:16; 243:24; 249:16; 250:4; 269:16 existence 41:14; 42:7; 80:21; 193:23; 243:20 existing 78:10 exists 137:3; 186:2 exit 238:24; 239:1, 3, 5, 13,16,21 expect226:7,10 expectation 106:6,11, 14 expected 227:24; 228:1 Expense 7:11 expenses 77:5 experience 84:18,18; 87:3, 9,14; 90:4; 226:9; 239:20; 240:6; 283:10 experiences 224:5, 22; 226:15 experiment 27:10; 57:9, 13; 74:13,16;109:13; 146:3,12;176:16,20; 178:7; 179:23; 180:25 experimentation 176:24; 247:24 experlmenb 30:18; 67:22; 68:12; 90:8; 160:12; 173:25; 174:3; 181:9;195:7; 269:14; 276:15 expert 146:13; 212:12; 298:20 expertise 197:8; 300:19 experts 212:13,16, 22; 213:4, 9,16; 215:1; 220:4; 299:15 explain 37:22; 78:8; 79:7; 80:18; 130:17 explained 65:21 explaining 185:24 explanation 217:10 explored 211:7 expose 28:7, 11; 29:20; 174:21;277:4 exposed 26:i2; 27:24; 28:18; 29:9; 64:12; 72:4; 73:10; 149:10; 176:1; 177:15;178:22,25; 179:19; 181:2,5; 183:14; 188:10; 195:4; 204:8 exposing 30:14; 32:23; 71:23; 142:2; 276:17 exposure 26:23; 65:3, 4; 67:16; 68:18; 69:19; 94:25;149:4;151:9; 156:18, 20, 24;158:9c 173:15; 183:15; 190:2,4, 7, 9; 195:10 exposures 26:11;64:20; 276:18 extensive 176:7; 201:12 extent 149:9; 282:21; 297:7 extortion 301:11; 312:21 1 extra 166:24; 168:22 51538 4932 Joseph E. Bumgarner November 11, 1996 extract 197:6 extracted 63:25 extracting 64:2 extracts 191:24; 195:1,4 extraordinarily 299:18 Extremely 282:12 eye 59:23 eyes 165:1o eyewhness 35:16 Eaell 51:20 F F 273:11, 11 F-e-n-n41-19:2 i face 60:22; 120:20; 224:14,14; 243:13 face-to-face 311:13 facilities 276:16 facility 26:10; 45:5, 6 fact 32:5; 53:2; 67:18, 21; 76:10; 77:8; 78:25; 35:1; 92:2; 102:24; 132:15; 136:25; 142:11; 149:9; 153:13; 164:5; 166:5; 178:18; 180:21; 186:16; 197:20; 235:3; 243:17; 257:19:261:6;290:22 factor 176:19; 295:13, 20;297:10,11,13 factors 128:6; 192:16; 295:11 facts 75:13; 76:4, 5; 233:20 factual 88:17 fade 103:14 faded 103:16 falis 150:21 failure 152:1; 313:3 fair 25:17,18; 38:25; 81:21; 88:25; 109:25; I21:15,16;140:9;142:11; 206:13;300:18,21 fairly 18:16; 47:19; 153:23 false 250:10,17; 256:25 famlliar 44:17; 82:24; 105:4; 124:13,17,25; 125:2,13; 142:15; 147:1, 7,16; 182:5; 183:18; 193:23; 203:1; 240:8,13 famlliarity 119:4 far 28:10; 37:15; 56:25; 84:23; 99:14; 164:17; 214:18; 224:9; 231:2; 242:12; 247:20; 248:8; 271:2, 7; 313:16, 18 farm 294:16,17 farmers 95:1 farther 159:13 fashion 151:23:219:16 fast 169:23 fats 25:10,153:19 fatty 65:8 (7) eminent - fatty
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WAYNE A. REAUD REAUD, MORGAN & QUINN, INC. 801 Laurel Beaumont, TX. 77701 (409) 838-1000 (409) 833-8236 Fax Tx. Bar No.: 16642500 HAROLD W. NIX NIX LAW FIRM 205 Linda Drive P. 0. Box 679 Daingerfield, ' TX. 75638 (903) 645-7333 (903) 645-5389 Fax Tx. Bar No.: 150410000 GRANT KAISER KAISER & MORRISON, P.C. Suite 1440 Lyric Centre 440 Louisiana Street Houston, TX 77002-0440 (713) 223-0000 (713) 223-0440 Fax Tx. Bar No.: 11078900 HUGH E. MCNEELY, of Counsel for Provost & Umphrey Law Firm, L.L.P. LSBA No.: 10,628 2901 Turtle Creek Drive, Ste 201 Port Arthur, Texas 77642 (409) 727-0800 (409) BY: 727-7671 Fax {t HU E. MCNEELY ATTORNEY FOR PLAINTIFF 4
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OF COUNSEL: LAURENCE H. TRIBE Hauser Hal1420 1575 Massachusetts Ave. Cambridge, MA 02138 ARTHUR MILLER Areeda Hall 228 1575 Massachusetts Ave. Cambridge, MA 02138 WALTER UMPHREY WALTER UMPHREY, P.C. 490 Park P. 0. Box 4905 Beaumont, TX. 77704 (409) 835-6000 (409) 838-8811 Fax Tx. Bar No.: 20380000 ATTORNEY-IN-CHARGE JOHN M. O'QUINN JOHN M. O'QUINN, P.C. 440 Louisiana St., Ste 2300 Houston, TX. 77002 (713) 223-1000 (713) 222-6903 Fax Tx. Bar No.: 15296000 JOHN EDDIE WILLIAMS, JR. 8441 Gulf Freeway, Suite 600 Houston, TX. 77017 (713) 649-6464 (713) 649-0126 Fax Tx. Bar No.: 21600300 3
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Joseph E. Bnmgarner The State of Texas v. November 11,1996 The American Tobacco Company, et aL 24;138:14;160:24;161:3, 8;1632,7,21;167:12; 171:17; 202:22; 207:9; 208:6, 10; 219:1, 8; 220:14,19; 235:25; 236:3; 245:7,11, 20; 246:15; 247:2; 255:19: 260:9,12, 16; 261:25; 264: 1; 266:18; 267:1; 268:7; 270:21; 272:9; 274:23; 275:4; 277:24; 279:2; 280:2, l5; 282:23; 283:7; 284:2, 21; 286:15;287:2,8,12; 302:4, 7; 304:10; 305:6, 15; 306:6,16; 308:16; 309:5,16,22;310:12; 314:21 radiosctive 152:13, 22; 153:25; 154:8 radioactivity 152:21 raise 14:23; 166:3 raised 49:12 raising 134:13 Raleigh 42:13 Raleigh-Durham 225:17; 226:2 ramlfications 223:16 Ramm 86:13; 278:10; 279:13,14,15 Ramm's 279:16 rapid 205:13 rarely 173:19 rat 70:4;111:11;195:1 rate 130:12;160:21 rather 81:24; 129:8; 146:13; 195:8, 11; 251:9; 263:25 rets 26:1; 67:16, 24; 68:3, 4,12; 69:15, 20; 71:3; 96:24;145:9;173:1, 5, 7; 195:4, 8; 276:3, 6, 9,15; 277:3, 3; 286:21; 309:2 raw 249:1 re 304:20 re-cross 282:20, 24; 309:4, 6,10; 310:3 re-re-cross 309:21 re•redirect 313:3 reach 220:6; 255:4 reactions 24:1 read 50:10; 58:11; 59:15; 61:22; 69:20; 82:18,19; 86:24;176:10;184:19; 191:18; 195:9; 198:13; 203:12; 205:21; 209:2,13; 215:13,15,20,23;216:13; 217:2; 218:3,14,15, 25; 219:19;248:24;253:14; 254:8, 21; 265:23; 267:16; 274:19; 277:16; 301:2, 7, 12,16,20; 308:21; 312:19 reading 194:6 reads 84:6; 262:4 ready 12:12; 92:14; 169:23 real 98:4;161:21; 284:12 really 133:17,17; 165:22; 202:15; 223:16; 226:8; 228:6 reason 13:11,12; 92:2; 181:25; 243:4,15; 249:23; 252:9; 286:6; 294:25; 295:4; 304:24 reasonable 183:14; 255:10,12; 283:2 reasons 52:25; 177:24, 25; 233:16; 252:23; 253:1; 254:1 reassigned 254:12, 24; 256:3, 3,15 Reaud 8:17,18 Reavis 262:12 recall 22:11; 36:20; 105:1, 2, 5; 116:24; 123:14; 168:8; 201:2; 209:13;254:3:262:21; 278:6; 279:6; 287:20; 291:4, 5, 6, 7,10; 293:22; 295:25; 301:1, 9,13; 306:23; 309:1; 313:6 recalled 249:5 receive 17:8; 69:1; 81:5; 142:6,17, 21, 21; 227:13, 17; 261:4 received 67:4,17; 95:17; 115:16; 172:3,6,9; 193:20; 227:1, 4; 260:24; 261:2, 7; 275:20 receiving 89:20 : r rd d 0 267:4; 268:7; 271:19; recent 30:8 recently 47:19; 254:23 ega e :9 3 regarding 94:21;127:8, 12 19 207:22 231:15 295:17, 22; 306:5, 6 replaced 209:16; 220:3 recess 91:2;134:24; 161:4, 5; 220:18; 302:8 recessed 117:3 , ; ; ; 232:24; 233:16; 236:8,11 regimen 183:15 regret 285:5 replacement 239:8 replica 129:8 report 69:8, 8; 72:25; recipient 141:21 recognize 68:25 138:16 regular 142:8,13, 18; 79:17; 82:11; 85:21; 112:7,10;139:11,20; ; recogniied 7:20; 269:23 203:17 regularly 33:7;174:22; 146:17; 184:20; 185:3,4; 203:17; 215:16; 216: 10, recognizing 21:4 199:15; 203:12 11,14;217:1;218:9,16, recoliaction 47:8; 55:23; regulation 182:6 19;2I9:4;227:3,4,10; 122:17; 173:6; 174:12 reguiations 181:20, 21 258:22; 260:24; 261:5, 10, record 7:3; 8:8; 11:10; rehired 57:10 12,14;262:7;264:10; 10 13:2 14:5 16:8 17:6 267:11; 273:10; 287:19; , ; ; ; ; 33:10; 58:6 11; 75:19; relate 39:20; 73:20; 302:21; 312:23 , 82:21; 91:4, 21;124:2; 106:20; 165:20, 21; 195:2; 296:8 reported 84:19; 87:15; 16;161:10; 130:9;153:9 98:12,18; 99:6;114:24; , 165:24; 166:2 11;181:8; related 98:1; 111:25; 203:13,18, 21; 205:12; , 208:16, 21; 210:7; 236:1 115:15; 129:2,4;133:9; 314:3 , 188:22; 222:21; 250:15; 4;245:5,8;246:13; reporter 14:24; 18:13; 254:14 15; 296:24; 297:1 253:15;254:8,211,257:23; , , 4;299:24 55:9; 82:8; 83:7 258:20; 259:15; 260:3; reporters 114:1; 249:12 261:22; 266:10; 267:16; relates 133:10;146:7; 272:3;274:9 10 24; 301:6 reporting 99:3,14; , , 122:20 276:22; 306:14 relating 98:22;164:15; recorded 30:13; 40:8; 165:22; 223:22 reports 69:3,10,11; 72:13; 75:24; 79:14; 75:15 18 relation 112:25; 113:1; , records 162:1; 196:20 155:24 94:16, 20;111:8;114:24, ; 274:25 relationship 31:20; 25;115:2;215:7,11,14, 17; 263:7,11; 267:17 20; recount 313:14 129:10; 185:5 , 277:17;287:19,20; recrulted 21:21 relayed 241:21 301:10,14; 312:19 redacted 120:12,14; relsases 301:19 represent 92:23; 196:18; 123:1; 266:5; 307:14; relevance 101:20 204:20;218:13;248:10 308:1, 7 reliable 151:3 representatives 287:25 redirect 162:8;164:19; 166:23,24;265:10,17; 266:11; 276:24; 278:23; 282:22; 286:4; 287:2; 310:2 reduce 192:1 reduced 197:23; 198:3, 5, 7, 7 reduces 205:15 Reduction 7:12;198:10 reductions 240:6 refer 111:19 reference 40:10;194:2; 263:6,10,13;264:21; 266:3, 8 referred 48:12;101:25; 102:3;105:7;126:12; 133:3; 227:10; 231:21; 254:1 referring 118:18; 150:22; 151:6; 153:25; 156:24; 158:14; 230:9; 248:5, 6 refers 34:22; 84:25; 111:10, 16; 178:21; 195:7; 210:22 refbction 52:25 refresh 55:23; 122:17 refused 134:15; 164:6 refuses 136:7; 261:22 regard 59:4; 142:11; 184:23; 207:10; 261:17; 300 14 relied 149:8 remain 106:8 remainder 11:25; 12:4; 121:20 remains 267:22 Remarks 46:13; 47:2,10; 53:3; 253:10,16; 284:14, 18,24 remember 31:16; 45:20; 46:7; 49:24; 50:15,19, 21, 23; 51:2; 53:5; 87:1; 103:10; 132:24; 133:3; 150:11,14; 173:24; 177:25;180:4;186:25; 187:4; 200:7; 213:19; 214:8,24;228:13;239:19; 240:24;251:8,14;253:2, 4, 22; 254:4; 256:25; 258:23; 268:21; 270:8; 272:4; 276:4; 279:10,19; 281:4; 305:21; 312:7,16; 313:17,19,24 remembered 246:24 reminded 53:18; 54:13; 55:1 removal 69:25; 205:16, 18 remove 145:17 removed 259:16 repeat 54:25; 275:12 repetitive 306:14 rephrase 85:10;110:13; represented 81:7; 106:24; 220:23; 304:5 representing 18:7;42:4; 79:1,8; 116:15; 218:7; 244:2,7 represents 18:17;41:19 repressed 292:11 reprimanded 63:6 request 34:10; 41:22; 118:17;119:6;121:3; 135:17; 136:17,18; 137:6, 7; 161:7; 162:22; 164:9; 165:9; 303:24; 304:3 requested 17:23; 39:9; 76:2; 116:10; 118:24; 135:4; 137:1 requests 162:21; 166:18 require 156:12 required 45:16,17; 53:13; 68:6; 181:16 requires 158:2 Research 11:4; 14:13; 16:18, 21; 20:6, 9; 21:25; 22:15,16; 23:9; 24:23; 25:1, 6, 20; 26:5,10; 32:21; 33:14; 42:10; 45:5, 6; 48:21; 53:6; 56:12; 62:23; 69:3; 73:10, 24; 74:4; 86:16, 21; 95:4, 8, 15;98:25;99:11;101:20, 25; 102:4, 10; 104:4,21; 108:3,14,18, 20;109:17, 19; 110:19,20,20,25,25; 111:20; 113:19; 114:17, 23; 115:21; 116:25; 117:2; 123:15,17; 125:16,22, 23; 126:3; 133:10, 11; 141:4; 144:23; 161:16; 164:15; 183:20,24; 184:16; 185:13,19; 193:4, 8,16, 19;195:14;199:4, 6; 201:1, 3; 204:10,16, 22, 25; 205:2,10; 211:11; 230:5, 8,13; 232:6; 233:12; 238:13; 240:2; 241:7,14; 244:3,16; 249:1; 250:21, 24; 251:5, 10,19, 24; 252:18; 261:24; 262:8; 264:23; 266:21, 24; 267:21; 268:1,15,17; 269:7,8,12,16;277:2; 278:6,13,15; 279:6, 10, 24; 280:8, 24; 283:14,15; 285:10,19, 23; 286:7; 289:9, 9; 290:9; 292:22; 300:5,10,13; 310:8; 313:5,18 Research's 279:17 research-type 26:13 researcher 56:21; 75:7 researchers 251:20 reserve 7:21 resistance 177:16 resolve 243:21 resource 201:12,15 resp 229:3 respect 65:7; 83:16; radioactive - respect (16) Mia-u-scripts 51,538 4941
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ATTORNEYS FOR DEFENDANT LORILLARD TOBACCO COMPANY: Gene Voigts J. William Newbold Shook, Hardy & Bacon, L.L.P. Thompson Coburn 1200 Main Street One Mercantile Center Kansas City, MO 64105 St. Louis, MO 63101 816.474.6550 314.621.8575 816.421.5547 Fax 314.552.7000 Fax Robert A. Gwinn Gwinn & Roby 1201 Elm Street, Suite 4100 Dallas, TX 75270 214.698.4100 214.747.2904 Fax ATTORNEYS FOR DEFENDANT HILL & KNOWLTON: Winford Dunn Of Counsel: Dunn, Nutter, Morgan & Shaw Michael Lasky Suite Six, State Line Plaza Davis & Gilbert Texarkana, AR 75502 1740 Broadway 501.773.5651 New York, N.Y. 10019 501.772.2037 Fax 212.468.4800 212.468.4888 Fax ATTORNEYS FOR DEFENDANT THE COUNCIL FOR TOBACCO RESEARCH - U.S.A., INC.: William Key Wilde Of Counsel: Mark E. Lowes Dennis H. Hranitzky Bracewell & Patterson Debevoise & Plimpton 2900 South Tower Pennzoil Place 875 Third Avenue Houston, TX 70022 New York, N.Y. 10022 713.223.2900 212.909.6000 713.221.1212 Fax 212.909.6836 Fax Robert E. Dodson Gooding & Dodson, P.C. 300 Texarkana National Bank Building Texarkana, TX 75501 903.794.3121 903.793.4801 Fax
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Joseph E Bumgarner November 11,1996 serves 186:20 session 150A;228:10 set 12:5; 60:2 1; 149:13; 168:8,17; 245:24; 247:20; 314:25 sets 263:18 setting 171:7; 187:7 settb 29:10,11 setups 28:9 several 34:6; 72:10;. 9121;94:15;211:6,9; 300:23 sex 182:15, 23;183:1, 4; 276:14 sexes 276:14 shars 24:25; 37:16; 280:6 shared 78:15;186:22 sharing 37:15 Shaw 194:15 sheet68:24 shock 135:10 short 154:23 shortcircult 135:23 shortly 74:25; 233:3; 235:14; 312:4 shoved 140:10 show 7:5; 8:5; 9:24;10:1; 11:2,4;46:14;68:17; 70:17;78:25;80:23; 83:18; 86:8; 92:5,12; 121:23; 138:14; 162:5, 8; 164:12;169:11; 180:1; 223:17; 246:16; 273:25; 286:13; 288:9 showboating 134:11 showed 64:14; 71:2, 9; 72:10; 139:24; 140:14,15; 190:15; 208:15; 226:21; 258:24; 272:2; 274:11, 12; 276:8; 278:15; 279:6 showing 64:13; 66:12; 78:7, 9;130:11;185:23; 228:8; 257:23 shown 42:17,18; 64:10; 141:7; 207:25; 226:18; 227:6,10 shows 46:14;164:10; 170:21; 205:12; 276:23 shut t 19:10; 233:2 shutting 40:12 sic 111:11;146:19; 171:20;226:1;287:2 skle 26:10;138:3, 6 side-stream 175:19 sides 138:1, 2 sign 53:13 signature 75:5 signed 53:18; 54:13; 55:1; 75:6, 8 significant 78:3, 6; 178:15 signs 64:13;73:16; 179:17;181:6 similar 87:4;169:15; 176:7; 183:24; 188:18,24; 195:2, 7 similarly 131:24; 233:16 Simmons 49:21; 56:7, 9, 10,11;57:1,9,11,22; 58: 1; 98: 15; 100: 13 simple 121:23;164:9; 179:18; 277:11 simply 28:21; 86:24; 105:1;113:11;123:4; 170:16; 188:22; 198:2; 235:19; 260:22 simulation 152:20; 154:9 sincereiy 285:5 single 156:9; 173:12; 183:4, 4 Sipes 51:15 sister 116:10 sit 44:1; 89:8; 239:6; 252:15;277:10;282:25 situation 82:12; 84:7; 11; 139:12, 21;165:4; 232:14; 236:22; 237:25; 240:3 six 12:4; 73:22; 74:2; 2I8:8 size 188:24;189:9; 285:24;286:21 SlZenlore 50:11,12; 52:9 sizes 191:3 skeptical 211:19; 212:10 skills 100:22;101:5,16 skin 159:19 slaughter 145:20, 24 slices 111:12 siides 64:10,14; 70:2 slightly 164:3 siowiy, 40:11 smail 27:22; 65:24; 91:4; 132:18;191:1,3;308:1 smaller 188:25; 189:2,7; 285:15, 25 Smhh 50:6, 7 smoke 26:12, 16, 23, 25; 27:5, 8; 28:3,18, 25; 29:3, 6, 21, 25; 32:24; 33:4; 64:9; 65:3, 20; 66:4; 67:16, 24; 68:19; 69:20; 70:12, 13; 71:23; 72:5; 73:10; 74:7; 123:23; 125:1; 129:22;130:3, 1303,23; 1132:12; 142:2; 149:5,23; 151:12, 22;155:1, 5,10; 159:1,1,2,2;160:10,16; 175:4, 7, 7,14,16,19, 20, 22;176:1,6,17;188:5,5, 13; 189:18,18,19,21,23; 190:3, 4, 7, 8;191:23; 192:18; 194:14,16,22; 195:5,16;210:18;2t1:25; 217:11,12,18;228:16; 277:4; 285:13,14 smoke-ahered 181:12 smoke-damaged 211:9 smoked 26:24; 70:4; 175:11,12; 228:22; 229:12 smokers 130:12,19; 191:12,20;192:4;196:24; 205:6, 25; 217:14 smoking 24:6, 7, 9,12, 22; 25:3,13,15; 26:4; 27:24; 28:1, 2,14; 30:6; 31:4,6,7;32:1,12;33:1; 36:7; 40:21; 48:5,12,14, 16,22;49:1,16,18,20, 22; 50:4, 7, 9,12,17, 25; 51:4,10,12, 23; 52:2, 6, 7; 54:8; 55:12; 56:12; 57:7, 12; 59:24; 62:14; 63:19; 69:15; 71:3; 72:15; 78:21; 82:12; 84:7,13,16; 86:25t 87:10; 97:22;102:1, 6,10; 104:5, 23: 108:4, 14; 109:9; 111:21,25; 112:9, 25; 113:1,5;114:5; 124:21; 126:11;132:17; 139:12, 21;146:10,11; 149:20;150:9;151:8; 166:70739;174:3,16; 176:16; 185:1, 5;190:16; 195:11; 197:18, 23; 198:11,16;200:25; 201:12; 204:5, 8, 9,17, 21; 205:14,15.24;206:3,5; 208:22; 215:7; 216:10; 2t7:4; 228:25; 229:9,16; 232:8; 264:23; 267:20; 274:16; 277:12,16, 19; 281:6,18;282:1,2,6,16; 285:23; 288:18; 290:16, 18,19, 22; 291:11, 23; 292:1, 7,10, 13; 293:6, 10, 21; 294:2; 295:2,12; 296:5; 297:25; 298:4, 9, 13; 309:8,13; 311:1 smoking-related 101:19; 104:14,17 so-called 116:12 social 232:20; 236:22 soil 156:22; 157:3 sold 108:10; 237:24; 255:2 solemnly 15:2 solve 27:13,15 Somasunderan 51:9 somebody 50:10;121:1; 196:14; 290:3; 314:4 sonlehow 79:19;109:20; 129:23;131:6;159:10; 162:14; 170:11 someone 13:1; 46:4; 121:3; 136:4; 153:16; 209:6: 252:25; 257:18; 297:13 something 30:7; 46:11; 53:13; 54:9; 61:19; 90:17; 106:20;115:11t119:1; 122:25;131:6;133:13; 138:21;160:20;170:12; 192:18; 248:17; 249:7; 258:2; 266:3; 281:6; 294:15; 299:16,17 sometime 55:5 sometimes 173:11, 12, 13;193:9,10;202:18 The State of Texas v. The American Tobacco Company, et aL somewhat 103:16; 174:25; 176:13 somewhere 311:2 sophisticated 195:11 sorry 10:15;47:10; 71:18; 80:7; 86:18; 103:11; 123:5,18; 125:3; 132:25; 139:6; 146:22; 147:11; 156: 11; 177:12; 184: 11; 194:17; 205:20; 206:6; 221:5; 238:15; 242:21; 248:21; 254:5; 258:5; 259:5; 289:25; 303:5; 312:23; 314:12 sort 170:5 sought 88:23, 24 sound 15:8 source 194:2; 242:6, 6, 8, 9,11 sources 200:14 South 8:14;19:11;95:1; 225:14 spaces 129:20 speak 223:20; 234:9: 274:24; 275:4 SPEAKER 87:22 speaking 81:t6 special 216:11; 296:21 Speciaiists 214:3 specially 188:11 specialty 19:20 species 129:1; 155:13; 156:9,14,15;157:11,13, 19;158:2, 3;173:8, 23; 181:16, 24;182:11,13, 22; 183:1, 4;188:16; 276:13 specific 58:15; 125:20; 150:1;152:8; 249:2; 251:7 specifically 35:24; 48:21; 234:2; 250:13; 301:6 specinlens 191:25 speculate 61:1; 277:23 speculation 60:23; 61:1; 109:20;110:3, 5; 180:19, 20;182:5; 228:12,14; 232:25 speculations 231:19 speech 167:7; 170:21 speaches 143:22 spell 24:18 spent 132:9,10,14,15; 279:18; 286:1 t spoke 37:18;67:13; 223:19, 2t, 25; 234:7, 9; 2923;311:14,15 spoken 235:1; 312:24 spread 250:10 spreading 249:12; 256:24 springing 117:2 spurred 143:3 square 60:6 stack 248:20 staff 232:15; 234:2, 3, 6, 8, 9; 253:16; 254:10, 22; 256:20 staff's 235:13 stage 74:13; 174:18, 18, 23,24 stamp 82:22; 91:22 stand 91:9; 168:19; 272:8;305:24;310:24 standard 33:12; 300:3 standpoint 12:21; 62:25; 73:18;128:10;162:12; 228:6 stands 209:10 starch 49:8, 9; 51:18; 104:5; 107:19,22;108:5; 237:22; 238:2; 252:6,19; 254:23; 255:1, 6; 256:5, 14; 290:8; 291:11,15 starch-related 102:13 start 15:16; 90:24; 110:17; 120:4; 163:14; 215:5;229:5,16,20 started 40:11; 74:15; 138:12; 179:24; 183:1; 193:1; 195:24 starting 154:4; 174:21 starts 264:19 State 7:3; 8:9, 11,13,15, 24; 9:5, 7;14:4;16:8; 20:10,15; 30:9, 11; 35:10; 62:5, 2l; 73:20; 97:21; 115:14, 20;116:10,10,14, 16; 117:4,5; 120:19; 133:7, 8,15;134:21; 136:5, 7,12;150:1; 168:15; 169:5,7;184:22; 209:19; 260:6; 268:16 stated 47:14; 199:7; 252:2 statement 17:11,16,19, 23;18:4,6;25:17,18; 38:25; 39:2; 57:2, 7; 58:2; 61:11, 22; 67:19; 136:22; 198:1, 6; 253:5; 254:18; 257:1; 263:17; 265:1; 278:10;300:21 statements 59:17,18; 88:15; 165:22; 167:11; 253:3 States 10:23; 14:12; 16:18; 18:8; 20:18; 37:24; 82:13; 83:25; 84:7; 85:11; 87:20; 135:13; 139:22; 195:6; 203:5; 212:9; 214:7; 216:9; 217:25; 293:4, 5 status 44:13 stay 45:16,17 steel 20:25 steps 122:5 sterol 144:9 sticks 248:1 st11141:14; 43:10; 56:23; 148:21;154:3; 204:17; 249:16; 250:4; 257:6, 9, 12,13 stipuiated 234:5 serves - stipttlated (18) Min-U-SedIpto 51538 4943
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The State of Texas v. The American Tobacco Company, et aL neuro 146:19 neutral 111:13,15; notary 14:24 note 82:21; 83:1, 2,12; 146:20 new 92:2; 98:8, 21; 125:15; 255:22 notebook 33:13, 20; 185:12,18; 202:25; 34:1,3,10,12;38:19,20; 203:18, 18; 207:18; 39:4;40:2,15,19;41:5,8, 250:23; 251:17; 252:12; 11;42:11,24;75:7,9,11, 288:12 14; 76:11,17, 20, 25; Nawell 51:3, 4 80:10; 81:1; 275:21; 306:1 news 47:10, 20, 21; notebooks 39:10; 40:9, 203:21; 208:16, 21; 210:7; 10,13, 22; 41:14; 42:8,16, 257:23 17,25;43:2,6,7,11,18, newspaper 55:24; 58:8, 22; 44:1, 4; 63:4; 74:24; 12; 81:17; 120:1; 208:1; 75:1, 4,15; 76:3; 78:1; 210:10;248:15;259:20; 79:16,20,24; 80:2,11, 21; 272:16 82:2; 89:16; 105:18,21; newspapers 203:13,13, 106:8,19, 23;109:23; 17; 308:22 235:13; 241:17,19; 242:1, 7; 243:5 7 10; 244:2; next 27:19; 40:3; 46:21; , , 247:5 16 19;248:7 25; 9 70:16; 73:22; 74:2,13; , , , , 249:13 15 25;250:3 14; 111:19;145:5; 211:5; , , , 241:11 257:3,14;275:10,14; 283:17; 288:8; 306:9, 11, nice 161:1 18;313:9,11,13 Nick 10:24 noted 195:3 nicotine 148:19; 149:4; notes 33:9 17; 225:4; 13 150:25;151:4 7 14; 9 , , , , , 248:6; 260:17; 264:15 152:1;160:20; 282:14; nothing 15:4; 79:16; 283:3 953;120:18 19 22; Nielson 32:20;63:13,14; , , 121:22;123:9,12;165:23; 69:9,11,11;101:9; 167:7; 169:10; 185:13 20; 234:12; 235:4 , 229:9; 240:1; 266:9,14; NIH 199:5 268:13; 273:16; 278:22; Nobody 128:4 286:23,24 non-mechanistic 128:9 notice 12:1; 18:12; non-scientist 269:20 313:22 none 26:18; 76:13; noticed 8:16 269:23; 293:18 noting 83:15; 165:9, 10 nonfibrotic 219:15 nonobstructive 213:23, November 21:18,19; 23:3; 44:2; 62:4; 162:15; 24 277:10; 278:14 nonparty 7:17; 304:9 number 12:9; 44:13; nonresponsive 235:18, 55:13; 59:9; 93:16; 23 140:22; 169:10; 190:23; 200:14; 208:3; 216:25; nonscheduled 221:20 217:12; 223:21; 231:14; nonsmokers 130:13,19; 278:5 192:5; 196:24 numbered 142:3; 247:17 noon 91:2 numbers 72:9; 173:24; nor 48: 15; 137:16; 174:11,13;313:23 141:22; 265:13; 286:5 normal 28:22; 64:12; numerous 263:10 172:6 9;194:6; 227:1 13 Nystrom 22:19, 20; , , , 15 17 19;101:1; 3214 18; 260:25; 2612 8 15 , , , , , 150:10; 234:13; 243:6; normally 28:22; 77:18; 257:11,13 133:3 Nystrom's 32:20 North 14:7,13;16:13,19; 19:1; 20:7, l4; 81:6; 97:21; 120:21;208:16,22; 0 225 15 : northern 177:11,14; o'clock 90:25; 91:1 286:19 O'QUINN 8:12,13; 14:15; northern-climate 117:21; 153:12; 161:6,9; 286:20 163:4,19, 25;164:14; nose 27:23; 28:6; 29:17; 165:16;169:9,14; 202:1, 175:15,16,19;176:8; 11,17 259:20 oath 14:23;15:1,20; noses 176: 1; 285:14, 24 121:24; 134:5 obey 308:14 objsct 7:24; 13:13; 40:24; 57:14; 72:17; 84:22, 22; 110:11;119:1,14;122:25; 137:22; 171:5; 206:24; 233:19; 278:21; 295:14; 304:19 objecting 261:15 objection 8:4, 6;12:16, 18,19,22;13:5,9,11,14; 34:21; 48:9; 54:16; 57:5, 18; 58:25; 59:2; 60:18, 23; 61:3; 68:2, 8; 71:5; 72:20; 83:3,19; 87:7; 91:12, 20; 92:6; 110:7; 115:10; 116:7;120:11;121:6; 134:4; 143:4,14,16; 198:25; 207:5; 218:18; 255:16; 256:11; 259:9; 262:13; 263:23; 265:8, 9; 268:3;271:17;276:21; 277:13; 279:25; 283:4,25; 286:2; 306:3; 310:10, 21 objectbns 7:22; 12:16; 13:6; 54:19; 135:13; 137:12 obJectives 53:8; 74:5 obiigation 164:25; 293:16 observation 40:20; 267:15 observations 76:4, 6; 94:22; 190:6 observe 35:16; 64:7; 65:1, 1, 7; 75:13; 282:16 observed 63:18; 65:6; 78:3; 130:17; 271:1 obstructive 33:2; 155:24; 213:22; 216:11, 16,18,21;218:10 obtain 22:6; 144:12; 273:24; 274:2 obtained 85:8;120:16; 196:23 obviously 117:8; 148:15; 155:10;179:9;180:12, 24; 193:22; 195:12; 198:6; 213:17; 214:10; 227:4; 230:25;244:14,19; 247:19; 276:22 occasion 36:19; 232:21; 277:1 occesions 223:22; 301:25; 307:13 occur 165:7 occurred 204:19 occurring 126:16 October 82:13 odd 120:1 off 26:9,10; 60:10;146:5; 153:8; 173:14; 219:13; 225:14; 264: 15; 297:24; 298:4,10,16; 299:19 Off-the-record 200:19 offending 33:4 offer 38:4 offered 32:11; 89:17; Min-U-Script® 168:5,6,18; 275:1 oftice 17:15; 79:23; 80:9; 136:5,14 ofticer161:12;285:21 oBices 42:13; 259:16 otfk:iais 32:10; 258:10 offs 152:15 often 78:10; 127:4; 129:11; 199:23; 2039, 10, 21; 239:20; 240:5 Ohio 262:12 older 299:23 on-canpus 233:12 on-she 232:11,11 onboard 47:19 Once 75:1; 205:5; 269:2 one 12:15, 15; 13:14; 14:25; 16:7; 17:10; 18:21; 27:2, 4; 28:7, 8, 8; 29:15, 16,18,19; 31:22; 36:19; 37:23; 45:25; 48:25; 55:16; 60:12,18; 64:25; 67:14; 71:21; 88:2, 4; 89:17; 91:4; 102:24; 104:10; 107:2, 2; 112:4, 7, 18;115:6,19;119:12; 120:13; 123:6; 125:6; 127:1;128:6,12,13; 132:9, 20, 20;139:4; 142:19; 143:4,8; 145:5; 149:6;150:13;153:3; 156:23:159:8;161:14; 169:10,22;176:19; 178:11; 182:15,22, 23; 183:1,1,5; 190:14; 195:12;198:8;199:3; 200:4; 203:7; 208:19; 209:2, 9; 210:6; 216:20, 25; 217:16; 219:16; 220:8; 221:17; 232:19; 233:12; 239:18; 245:4; 248:18, 21; 255:10,12;256:8;258:4; 260:18; 281:4, 8; 284:17; 285:2, 4; 292:14; 294:11; 296:11; 298:1; 305:2; 308:9; 311:7 one-minute 302:3 one-third 120:14 ones 52:2, 3; 78:4; 80:4; 152:16; 166:16; 243:19; 248:2, 10; 289:22; 290:1; 291:20,20,25 ongoing 40:6; 149:16 oniy 64:25; 75:17; 80:4, 9, 24; 91:13,19; 114:9; 115:18;119:4, 24;127:1; 144:18; 148:11; 157: 10; 166:22; 178:21; 179:16, 19; 181:12; 182:15,22,25; 184:25; 195:8; 203:11; 208:24; 212:3; 225:21; 228:6; 232:19, 20, 25; 239:23; 240:8; 243:8; 249:17,19;252:23;261:9; 266:12,15; 272:10; 287:25; 288:2, 8; 291:19; 294:11; 310:5 onset 58:17 Joseph E. Burngarner November 11, 1996 open 7:2; 27:7; 38:8, 9; 122:3,18;163:13, 22; 166:10;187:6; 206:25; 264:25; 265:6; 267:21 opened 47:9; 164:7 opening 17:10 operatlve 73:12 opinion 61:20; 87:12; 90:7;101:17;109:8; 110:4;111:2; 232:2, 5, 22, 25; 283:1,12; 305:8 opinbns 270:1; 274:16 opportunIty 61:5; 117:4, 5;118:25;244:23;274:22 opposite 52:20; 63:8, 9; 235:3; 246:6 optional 121:17;162:10 order 40:10; 55:17; 74:12; 82:25; 83:16; 91:23; 92:4; 119:7; 136:4; 137:2, 3; 147:2; 149:7, 12; 162:8; 164:23; 167:23; 189:10, 12,14; 260:7; 272:17; 300:25; 303:22; 306:23; 308:1, 5 ordered 308:7 orders 163:13;308:15 ordinary 69:7 organ 175:13; 182:9 organism 24:2 organisms 23:13,14 organlzetlon 193:24 organs 19:25; 152:23 orifice 175:13 origin 131:7; 177:19; 225:16 original 128:2; 288:10 Osdene 67:2 others 7:5; 53:17; 64:8; 98:12;112:19,22;124:11; 135:20;179:22; 216:21; 225:20; 240:18; 243:20; 251:5; 275:24; 292:23; 313:5 otherwise 13:12; 15:14 Otto 51:6, 7 ought 134:8; 169:1; 242:18 out 44:17; 66:2; 77:21; 79:4; 89:13; 111:3; 117:2; 126:6;163:14;164:6,16; 167:24; 168:4,10,13; 170:5;174:20;179:5; 197:6; 218:20; 224:9; 232:8; 233:23; 243:17; 250:9; 266:4, 23; 269:21; 270:4; 271:22; 291:20; 299:25; 307:23; 309:25 outburst 118:15 outflt 41:18 outside 113:12; 137:10; 156:8;199:17; 201:13; 251:11, 20; 275:16 outstanding 305:9 over 15:16; 26:22; 56:6; 72:7; 76:25; S0:1.5; 84:15; 51538 4938 (13) aertt'o-over
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0- Of Counsel: Junius C. McElveen Jones, Day, Reavis & Pogue 1450 G Street, N.W. Washington, D.C. 20005 202.879.3939 202.737.2832 Fax Tom Fennell Jones, Day, Reavis & Pogue 2001 Ross Avenue, Suite 2300 Dallas, TX 75201 214.220.3939 214.969.5100 Fax • Morris Atlas Atlas & Hall 818 Pecan Avenue McAllen, TX 78502 210.682.5501 210.686.6109 Fax ATTORNEYS FOR DEFENDANT BROWN & WILLIAMSON TOBACCO CORP., INDIVIDUALLY AND AS SUCCESSOR TO, THE AMERICAN TOBACCO COMPANY: James N. Haltom George L. McWilliams John B. Greer, III Patton, Haltom, Roberts, McWilliams Greer 700 Texarkana National Bank Building P. 0. Box 1928 Texarkana, TX 75504-1928 903.794.3341 903.792.6542 Fax Paul E. Stallings Vinson & Elkins, L.L.P. 1000 Fannin Street, Suite 2300 Houston, TX 77002-6760 713.758.2222 713.615.5200 Fax & Of Counsel: David Bernick Kirkland & Ellis 200 East Randolph Drive Chicago, IL 60601 312.861.2000 312.861.2200 Fax ATTORNEYS FOR DEFENDANT UNITED STATES TOBACCO COMPANY: Nicholas H. Patton Patton, Tidwell, Sandefur & Paddock P.O. Box 5398 Crown Executive Center 6500 Summerhill Road Texarkana, TX 75505-5398 903.792.7080 903.792.8233 Fax
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ATTORNEYS FOR DEFENDANT THE TOBACCO INSTITUTE, INC.: Lea F. Courington Bill Iverson Gwinn & Roby Covington & Burling 1201 Elm Street, Suite 4100 P. 0. Box 7566 Dallas, TX 75270 Washington, D.C. 20044-7566 214.698.4100 202.662.6000 214.747.2904 Fax 202.662.6291 Fax ATTORNEYS FOR DEFENDANT B.A.T. INDUSTRIES P.L.C.: Damon Young Young, Kesterson & Picket 4122 Texas Blvd. P. 0. Box 1897 Texarkana, AR-TX 75504 903.794.1303 903.792.5098 Fax ATTORNEYS FOR DEFENDANT LIGGETT GROUP, INC.: Jerry L. Mitchell, Jr. Marjorie C. Bell Kasowitz, Benson, Torres & Friedman 700 Louisiana Street, Suite 2200 Houston, TX 77002 713.220.8800 713.222.0843 Fax
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EXHIBIT °°1" SERVICE LIST FOR STATE OF TEXAS VS. THE AMERICAN TOBACCO COMPANY, ET AL ATTORNEY FOR DEFENDANT PHILIP MORRIS, INC: J. Dennis Chambers, Howard Waldrop, Of Counsel: Alan Harrell, Victor Hlavinka Tom Stoever Atchley, Russell, Waldrop & Hlavinka, Arnold & Porter L.L.P. 1700 Lincoln Street, Suite 4000 1710 Moores Lane Denver, CO 80203 P. 0. Box 5517 303.863.1000 Texarkana, TX 75505-5517 303.832-0428 Fax 903.792.8246 903.792.5801 Fax Tom Cunningham Fulbright & Jaworski 1301 McKinney, Suite 1500 Houston, TX 77010 713.651.5151 713.651.5246 Fax Larry Germer Germer & Gertz, L.L.P. 805 Park Street Beaumont, TX 77701 409.838.2080 409.838.4050 Fax Jack Maroney Michael Hull Maroney, Crowley, Bankston, Richardson & Hull, L.L.P. 701 Brazos Austin, TX 78701 512.499.8855 512.499.8886 Fax ATTORNEYS FOR R.J. REYNOLDS TOBACCO COMPANY: J. Dennis Chambers, Howard Waldrop, Alan Walter J. Crawford, Jr. Harrell, Victor Hlavinka Atchley, Russell, Waldrop L.L.P. 1710 Moores Lane P. 0. Box 5517 Texarkana, TX 75505-5517 903.792.8246 903.792.5801 Fax & Hlavinka, Wells, Peyton, Beard, Greenberg, Hunt, & Crawford P. 0. Box 3708 Beaumont, TX 77704 409.838-2644 409.838.4713 Fax
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Joseph E. Bnmgarner November 11, 1996 103:14,16; 110:18; 147: 11; 153:6; 160:20; 165:11; 169:2,25; 170:18; 226:18; 239:8; 267:12 overlooked 91:6 Overruled 54:18 overstimulate 211:25 overt 192:4 owes 138:3 own 13:5; 39:6; 47:7; 54:17; 60:20; 75:9; 76:17; 89:14;105:11;109:8; 143:20;165:10,11;195:8; 232:25; 233:18; 244:17; 252:6; 283-9; 292:9 owned 107:19; 237:23 oxidathro 217:18; 219:11 -P P 51:9,13 package 85:7 page 46:21; 53:4; 56:6; 57:25; 59:6, 22, 24; 60:8; 69:14,15; 70:16; 72:7; 75:6; 83:23; 85:16, 23; 86:7, 24;111:7;120:8,12, 14,15;122:13;123:1; 147:1;188:8;190:1; 192:12; 193:6,7; 217:8; 247:1, 5, 18, 23; 248:18; 21, 23; 262:4; 264:10,16; 267:15; 272:22, 23, 23, 25; 273:13; 274:12; 284:18 pages 75:8; 86:7; 94:15, 18,19;95:3;218:7,8,11, 13, 20, 21; 247:11,15,17; 248:22; 262:24; 266:5; 273:25; 274:3, 6,13; 307:14 painting 159:19 pair 152:15 palmkic 160:14 paper 55:10;161:14; 187:10,15;188:4; 207:17; 250:12 papers 38:1, 2, 3;123:9; 207:14,15 paragraph 53:5; 69:16; 83:24; 84:4;144:2;188:9; 190:1; 191:23; 192:14; 194:20; 204:24; 205:19; 210:17; 253:14; 254:6, 20; 256:4; 285:1 paragraphs 255:22 parameters 25:13 pardon 153:2; 260:14 Park 14:13; 16:19 Parke-Davis 107:16,17; 108:11 part 34:9; 39:21; 49:15, 16;103:24,24;106:1; 118:22; 119:4, 5,13; 121:2;130:2;132:5, 20; 145:1,10;146:3,9; 154:11; 168:24; 205:7,22; 208:4; 245:13,16; 258: 19; 272:20 partiat 119:12; 121:15 participate 136:8 particular 58:8; 127:22; 142:6; 148:24,25; 200:7; 299:6, 8 particularly 7:13; 106:18; 171:9; 297:8 partlculate66:1;281:9 - parties 7:13; 11:9, 17; 135:1;137:2 partner 165:20;167:10 parts 118:16,18, 24; 119:24; 120:12 party 11:19;13:9; 294:14, 15 passages 72:12 passed 242:5 passing 231:11 past 31:21 patent 106:20 patented 107:1, 4 path 63:11 pathogenesis 195:3 pathoiogist 64:20; 65:22; 72:1 pathology 26:14; 78:11; 182:10; 214:25; 215:1; 220:5 pathway 209:21 PATTON 10:24, 24 Paul 227:7 Pay 169:15,191-171:12 peculiar 156:2 peer 38:3; 81:23 peer-revievrod 191:14 pending 91:24; 245:5; 274:2 peniclllin 103:8 Penick t07:20;108:9; 237:22; 238:3 people 31:5, e; 32:10, 44:13, 16; 48:1, 2, 3,11, 14; 52:6, 7,10; 56:1; 85:4; 87:6;102:5,13,19,24; 104:4, 6, 9,16, 20, 22; 105:3; 112:11; 113:13; 130:11; 155:10,15,15,18, 22; 156:4; 158:25.25; 168:12; 180:9; 184:1; 203:11; 229:8, l6; 233:25; 238: 10; 239:6; 240:25; 256:4,10,14,18; 272:15, 18;285:6,13,16;291:3. 15,16,22; 299:14; 300:6; 304:24 percent297:10 performance 144:13; 150:3 performed 259:14, 22; 285:7 perhaps 165:21; 220:13; 271:13; 309:2 period 29:10; 40:7; 67:22; 72:15; 73:6; 144:15, 18; 148:6,12; 264:24; 276:17; 281:12 periodic 62:15 periodkally 74:1 periods 177:15 permanent 75:19; 301:3 permanently 298:9,11 permission 88:23, 24; 138:13 parmlt 8:3; 13:8; 17:19; 121:13;163:10; 260:10; 262:1; 266:18; 267:2; 282:23 permltted 133:12; 134:8, 22 persist 246:9 person 12:15;75:9; 110:16; 142:20; 194:6; 239:18;243:8;252:17; 259:17; 297:8, 9 personal 29:5, 24; 30:16; 31:23; 34:3,15; 40:20; 43:20; 61:18, 20; 63:4; 72:3; 78:18; 90:4; 106:4, 5; 110:23;154:15; 229:3, 4, 5; 232:17; 280:21; 281:17, 18;283:10;292:4,9; 293:21 personally 25:7; 35:16; 62:16; 63:22; 64:7; 157:14,16,17,18;187:5; 204:7; 230:6; 232:1 personnel 31:25, 25; 239:6 pertaln 228:9 pertained 146:11 pervert 165:12 2 pH 151: Ph.D 98:10,11,16 Ph.D.s 98:13 pharmaceutical 107:11, 25; 237:13; 238:3; 252:5, 8, 20; 254:17; 255:6, 23 pharmaceuticals 173:4; 254:11;291:11,16 pharmacological 102:20 phase 74:7,15,18 phenomena 219:14 Philip 10:2, 4, 7;12:25; 66:17, 25; 67:1, 5,14; 71:1, 8; 82:15, 25; 85:5; 91:20;136:6;137:19; 289:19; 303:3, 4 phone 222:11; 240:21 phonetic 64:16; 151:18 pyospholipids 146:19, 21; 147:18; 153:19 photograph 59:7; 218:4 photographs 64:11 physical 91:17 Physkally 45:2 physician 298:13 physiology 19:22, 23, The State of Texas v. The American Tobacco Company, et aL 24; 96:2; 182:8 physioiogy/biochamist 19:21 plCk 94:16; 116:17; 281:9 Picked 225:17; 226:1 picture 56:7,19; 58:1; 59:23 pictures 64:22 pie 59:24, 25; 60:6 piece 161:14 pig 188:22 plgs 188:10, 18,25; 276:3 pibt225:22 Pinkerton 94:21 plece 24:2; 33:16; 58:6; 75:17;166:16;174:25; 240:24; 253:22 p4ced 28:21; 135:18; 136:3;143:t7;159:15; 165:25;166:15; 259:19; 300:24 placement 239:8 places 67:23 piaintlN 7:10 plalntiN's 12:1,2 plalntiffs 11:18; 94:12; 166:20;167:19,23;168:3, 6,7,9,14,15,21; 221:1; 259:23 Plan 7:12, 15; 13:13; 73:21, 22; 74:6;134:16: 143:2,2;148:1,14,22 piane 77:17,18; 221.•4, 6, 8, 17, 20; 225:9,14, 18,19 planning 163:23; 301:18 plans 74:2; 218:15; 221:23 piant 157:13; 188:5; 190:5, 7 Plantation 14:7; 16:13 plants 23:16 plastic 188:11 plausibie 217:9 piay 170:23, 24;195:15; 281:9 played 25:11; 209:23; 312:t4 pleadings 117:17 please 9:19;16:9;17:4, 24;18:19; 23:10, 22; 39:7; 66:17; 68:9; 69:13:83:8, 22; 85:19; 99:2; 111:4; 119:20; 122:13;136:13; 140:23;199:3; 219:9; 254:9; 264:1, 9; 284:24; 302:7; 308:17 pleased 45:9,16 pled 301:24; 305:2 pneumocytes 129:19 pneumonia 180:22, 24; 181:2, 4, 6 Pogue 262:12 point 38:9; 57:8; 60:5; 138:12; 147:6,6; 159:16; 162:24; 177:17,19; 178:21; 225:16; 282:20 pointed 164:5; 291:20 points 134:13;165:19 policies 267:18 pollcy 33:16, 22, 23; 37:5; 40:7; 77:4; 82:11; 84:8, 9,14; 85:4; 86:25; 87:10; 139:12,20; 270:12; 278:2 pollte 242:18 Polk 273:5 pollutants 157:6 pollute 157:20 poor 52:19 portion 65:25; 148:25 portions 149:1; 308:7 pose 115:10 position 32:15; 44:24; 57:13; 58:22; 170:1; 277:8,18 poskive 178:19, 24; 179:15, 18 possesslon 38:21; 226:24; 239:9; 275:14; 302:13 possibllity 178:19; 236:16 posslble 17:7; 28:23; 54:9;127:23; 211:8; 268:5 possibly 120:15; 121:1; 277:18; 290:15, 23 postponement 223:23 postulated 127:23 potential 78:11; 178:10, 11; 179:22 potentially 162:6 POTTER 9:4, 4;136:23 pounds 297:20, 22; 298:16; 299:19 powerful 84:8; 211:25 practical 75:2 precede 85:17 precedes 120:15 precise 129:13 Precisely 73:5 precluded 138:8;303:22 preconditioned 26:22 predominant 209:23 predominantly 25:25; 145:14 preexisting 134:19 pregnant 266:13 pre)udice 164:8; 165:7 prejudiced 161:24; 162:2,6,7 preliminary 183:19 preparation 302:17 prepare 164:25; 166:24 prepared 69:8, 10, 11: 71:13; 75:24; 150:2; 195:1; 258:22; 261:6; 262:11,14;273:12 overlooked - prepared (14) Min-U-Script® 51538 4939
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o M: 1'A A. • w s MPYM IN 1967 Research Biochemist Biological Research Division R.1. Reynolds Tobacco Co. 1969 Reaearch Biochemist Department of Microbiology Butroughs Welcome Pharmaceutical Co. 1972 Supervisory Research Chemist Bioenvironmental Laboratory Branch\ Health EBbcts Research Laboratory USEPA 1975 Supervisory Chemist Analytical Services Branch Environmental Monitoring and Support Laboratory USEPA 1988 Supervisory Chemist Analytical Systems Branch Atmospheric Research and Exposure Assessment Laboratory USEPA 1995 to Present National Exposure Research'bkboratory Methods Branch USEPA 1 AWARDS USEPA Bronze Medal 1977 ~
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The State of Texas v. The American Tobacco Company, et aL 169:1 respectfully 116:23; 133:11;134:23 respects 188:19 respond 117:14;118:8; 136:18;137:6 response 7:25; 26:17; 50:1; 72:21; 115:16; 127:5; 133:7; 135:7,7, 11; 217:11;253:25;296:2 responslbb 63:24; 234:19 responslve 235:24 rest 13:14; 255:17 restrletbns 159:5 resuR 217:10, 20 results 70:17;100:8; 144:12;150:1, 2;151:3; 190:3; 217:12 resume 111:4;161:4; 255:17 retained 31:12 return 81:9; 142:24; 205:13 returned 40:16, 22; 41:5; 81:10; 243:7; 249:2; 250:7; 257:14,16 revealed 72:8 revealing 119:9 reYiew 38:3; 81:23; 92:8; 124:9;143:2;150:4, 20; 199:15,24;215:10; 262:23 revlewed 215:7 reviewing 64:8 Reynolds 7:4; 9:10, 13, 15,17; 11:13; 12:24; 13:10;18:3; 21:14; 22:4, 12, 17; 23:2, 8; 24:4, 20; 25:2, 8; 26:3I 30:17; 31:19; 32:13; 33:11; 35:11,17, 24; 36:16, 25; 37:8; 39:13, 14; 40:19; 41:6, 20; 42:5, 10; 47:16; 56:20; 57:10; 66:14,19; 67:7, 8,13, 24; 68:17,19,24; 69:4; 71:14; 73:23; 75:25; 77:9; 79:2, 9; 81:7,15; 82:4; 84:18; 85:5, 24; 86:6; 87:3; 89:8,11; 90:1, 5; 92:24; 93:21; 94:2, 10; 95:8,14; 96:1, 8; 99:23; 100:13; 105:17; 106:7, 7, 8;107:10, 19; 108:10, 10; 110:17,17,18; 111:24; 112:1,8,16,17, 20, 23; 114:6, 10; 115:19; 116:8,13,16; 119:8; 120:17, 20; 122:4; 123:11; 124:10; 125:12,17; 126:4; 132:9; 133:11; 135:13; 136:6; 141:3; 148:11; 158:15, 23; 160:2;161:15; 162:1,16; 164:11; 172:7, 15,21;182:20,23;183:5, 24; 184:8; 185:9.19; 186:5, 6,13,16;187:7; 193:2,19;I98:20;199:15, 18; 200:10, 10; 201:1; 204:1, 4, 10,15; 205:8, 23; 206:14,17,20;208:23,24; 215:8; 224:6, 23; 226:15; 227:14,16,19;228:5; 229:12,13;231:3,24; 232:12, 24; 234a8, 20; 235:1; 237:12,15, 23; 238:7; 239:14,23; 240:16, 18; 241:13,15; 243:25; 248:16; 249:14; 250:2, 4; 254:2; 257:7, 24; 258:10; 259:18; 260:1, 25; 261:5, 7;262:7,19;264:6,11,24; 265:4; 266:2, 8; 267:19, 24; 268:12,25; 269:3,12, 20, 25; 270:7; 271:3; 272:/4,19; 275:8,11,13; 276:23, 25; 277:9,15; 278:12; 279:12, 21; 280:7, 18;281:5,13;282:13; 286:22; 287:17,18, 23, 23; 289:17; 290:24; 292:5,14, 20, 22, 23; 293:7,11; 294:1,7;295:1;301:1,11, 15; 302:14; 303:1; 304:16, 23; 305:23; 306:9, 20, 24; 307:11; 310:7, 19; 311:2, 22; 312:21; 313:5, 10 Reynolds's 277:18 rhetorical 263:25; 266:15;273:23;276:22; 278:22; 310:22 Rhyne 18:25 rid 256:5 ride 221:16 ridiculous 202:9 Rkibn 49:17,18 right 14:23; 17:21; 18:23; 20:2; 21:3; 22:11,18; 25:16; 28:5; 29:2; 35:1; 36:5, 20; 37:19; 42:15; 45:7, 21; 46:23; 47:24; 54:21; 55:22; 56:5; 60:8; 67:12; 77:25; 78:1; 79:12; 87:2; 94:9; 95:9,13; 96:7; 98:3; 102:20; 103:9,21; 104:11,24;106:22; 108:21;100,10, 21; 113:10;114:7;119:7; 120:12; 126:12; 127:2, 3; 130:15;131:22;132:2, 3; 137:21, 24;138:7,19; I40:19;144:1;145:5; 149:14;150:5,17;152:4, 16; 153:1; 154:22; 155:14; 158:15; 162:12; 164:18; I70:25;172:14;176:2; ! 77:3;180:10,14;181:17; 187:8; 189:17; 191:5; 193:25;194:19;196:18; I98:20;203:14,16,19; 204:6, 13, 22; 206:12; 228:4,15; 229:10; 233:1; 234:1, 7; 243:21; 247:7; 248:23; 251:6; 253:9; 258:5; 264:9, 21; 267:23; 268:25; 269:17, 18; 271:8; 272:13; 275:3; 284:22; 285:24; 290:10; 291:8; 294:4, 23; 295:7; 300:20; ~ 311:17; 312:2 rlght-hand 149:25; 188:8 risk 295:11,12, 20; 296:15; 297:10,11,12 Rhrer 246:6 RJR 169:18; 202:3; 245:14; 267:19; 287:16; 293:20 robe 278:25 Robert 10:20; 51:17,18; 256:9; 273:11 role 25:11; 154:19,21; 195:15; 209:23 roles 281:9 Ron 8:14 room 44:12,16; 45:11, 13, 24; 46:2, 22; 47:3; 52:5; 220:17 roo1159:13 Rose 273:5 route 151:9;156:20; 159:9,19,22 routes 152:8,15; 155:1; 158:24:160:5 routine 174:19; 175:15 Roy 51:22; 281:2 rule 121:17; 135:3; 136:19;162:9 rules 134:20; 170:8,23; 278:25 ruling 137:13; 163:3; 266:17 rumor 231:11; 242:13; 250:9,9, 10; 257:20 rumors 231:14; 256:25 run 169:25; 170:13 rung 98:24; 294:6 running 8:6; 57:18; 61:3; 63:24; 72:20; 86:25; 134:18 S S-c•h-w-ab 10:16 S343A 132:22 sacrlfice 145:19, 20, 22 sacrificed 146:2 aaos 129:20, 25;130:25 safe 80:22; 243:25 saline 197:5 Sam 56:7; 98:15;1C0:13; 311:17, 25 ssme 12:18; 29:14; 46:19; 57:25; 84:19; 87:7, 15,16,17;106:11,14; 126:18; 155:13,19,22; 162: 1; 173:22; 189:9, 11; 196:6; 207:15; 221:22; 226:17; 237:9; 267:5; 276:6; 278:14; 304:2; 310:18;312:18 sampie 191:3 samples 191:1 sat 187:16 ?•1[iao-U-Scrip setisfactory 150:8; 151:8 saw 29:19; 33:10; 64:25; 65:9; 68:15,18; 77:23; 80:4, 9, 24;108:20; 114:20;140:13;180:16; 271:3; 275:23; 284:8 saying 47:10; 55:22; 77:21; 123:9; 158:24; 164:21; 165:8; 170:21; 171:4;188:9;254:4; 261:18; 298:8; 300:25 S843A 144:10 scale 240:7 sean 200:12; 220:7 scare 68:5 Scarlelli 184:2, 4;186:7 scheduled 166:19; 221:11 School 20:4, 7;126:6; 147:10,14 schools 186:23 SCHWAB 10:12,12,16, 16 scienee 21:10; 38:11; 39:21; 41:18; 58:14; 63:5; 76:4,5;97:15,15;131:12; 184:23; 207:2, 7; 283:6; 298:20; 300:15,19 Sciences 20:14 sclentific 21:8, 8; 34:19; 35:4,7,8,11,13,19,23; 36:2, 8; 37:21; 38:8, 10; 63:6; 78:16,19; 79:4; 93:8; 100:22; 101:5, 16,20; 123:25; 131:12, 15; 154:11; 176:23; 183: 18; 249:1;250:24;258:11; 270:8, 11; 271:4; 280:8, 19,24;283:2;287:19; 295:3; 305:19 scientist 20:3; 37:20; 67:13:76:22; 78:2; 81:20; 90:7; 99:5,17; 100: 16,17; 124:22; 187:13; 207: 15; 258:16; 283:1; 306:25 scientisU 36:9,15, 24; 37:7,23;38:1,3,4,14; 43:21; 48:23; 55:13; 62:13; 66:10, 14; 67:4, 14; 68:17; 75:12; 80:3; 81:25; 84:20; 87:5; 99:1, 3; 114:24; 124:10; 183:5, 11; 187:15,18;206:22;207:2, 13,19;211:19;212:10; 242:13;249:3;251:10,11; 252:17, 25: 253:16; 255:7; 256:6; 275:16; 279:22; 284:15; 294:6; 304:16, 20; 305:9 scope 100:2, 5, 7; 108:23; 126:1; 310:2; 313:18 soores274:13 Scott 11:6 scratching 153:7 screen 46:11,15 Joseph E. Bumgarner November 11, 1996 screens 132:18 sea1119:10 sealed 118:18,19, 24; 119:13,21 seated 42:19 second 27:2; 53:4; 55:17; 63:14,16; 69:14; 84:4; 150:24;153:3;165:9; 166:23, 25;167:1;169:22, 24; 171:23; 210:13; 248:21;264:15 secret 54:14; 55:2; 81:16; 92:3; 165:5; 310:7 secretary 224:1, 2 seoretion 129:18 secrets 53:24 Section 7:14; 148:17; 181:19; 257:25; 258:6 seeing 78:12 seek 19:7 seeking 119:9;312:20 seem 141:19; 176:13; 270:3 seemed 44:25 seems 84:14; 150:7; 195:18 segment 26:4, 5 select 276:13 selected 134:5; 168:7, 17; 290:1, 3, 5 selectlvely 116:16 selF-serving 88:17 sell 89:23 selling 255:6 seminar 103:8; 186:21 send 82:16; 87:24 sending 260:4, 5 senlar 32:10; 63:5, 5; 66:9,14; 67:4; 75:25; 84:8; 85:4; 99:5; 114:23; 150:4; 269:19 Senkus 22:13; 32:21; 44:19, 20; 46:3, 5,13; 47:1: 52:16; 53:5; 63:16; 69:2, 9,12; 86:20; 238:11; 253:11,16;284:19; 285:19 Senkus's 53:3 sense 261:16; 292:4 sent 39:10; 69:10; 88:2, 4; 140:4; 259:3 sentence 84:3;172:19; 192:13;197:21;198:9; 258:9; 264:19; 285:2 sentences 150:13 separate 33:19; 34:7; 188:11 separating 153:18 separation 153:20 September 56:3; 161:23; 171:6 Serafelli 213:17 serles 93:1; 208:20 serve 223:12 51538 4942 (17) respectfulty-serve
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• CURRICULUM VITAE gM: Joseph E. Buaqarnsr HOME ADDRESS: 1012 Plantation Drive Cary, N.C. 27511 OFFICE ADDRESS: National Exposure Research Laboratory Air Measurements Research Division MethodsBreeoh (NID.44) USEPA Research TYiaagle Park N.C. 27711 EDUCATIQN: Bs, Major Biology, Ninor Chemistry Lenior Rhyne College Hickory, N. C. 1962 NS, Entomology Clemson University Clemson, S.•C. 1964 ACADEMIC RESEARCH Evaluation of Three Extraction Methods and the Analysis of Micro-Quantities of DDT from Insect Tisjues supported by the U. S. Army Medical R&D Command Clemson 1962 Dr. A. S. Tombes. Lipid lietabolism in the Boll Weevil Anthonomus Grandis supported by the National Institute of Allergy and Infectious Diseases Louisiana State University 1964 Dr. E. N. Lambermont. ) i:! •: W .• • 1963 Research Assistant Department Internal Medicine Bowman Gray School of Medicine 1965 Research Assistant Department of Entomology Louisiana State University 1970 VVisiting Scientist school of Public Health John Hopkins University 1977 Instructor, Department of Environmental Sciences North Carolina State University ~ DEPOSITION ~~ EXHIBIT a €€€ - -' '
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RELLS PEYTOh 'L uuc 10/21/96 11:18 '8d8 k18 __ --_ .~_ ,4.s2_1e 10:e6 11843 P•e2i03 FFtQn lPrsoVos'r s unrr+KU. _ - GRE(i THOMPSON t Ammcntv PO.VADCF.FTVIFD' tIJISONAI.I,WL'NYYL6tLMW• rr1LAMLLNYRLtN' fi,•6LY UDNtO OF uOM. RItQWU1ATNfK I I October 18, 1996 1 ' Vlg SIMILE: LQ91836-4713 i ~ ~ Mr. a~ter Crawford Well ~on, Beard, Greenberg, I Hu #~ Crawford, LLP. 600 e*oleum Tower i Beau qnt,Texas 777b1 i i RE: { 0~POSITION OF JOSEPH BUMGARNER Dear 44er: i I*th respect to the deposition of Joe Bumgarner, you have Informed me t at the persorj W'ho Is going to lead the cross examination cannot be avallable on the rd of October.i I have spoken with our colleagues and you and I have agreed to :n the depos~tic~ from October 23rd in Judge Radford's Courtroom to November 11. 1 6 In Judge dford's Courtroom. You have Informed me that Judge Radford Is free day and Isw~jling to•preside over the deposition on that date. ; i n' etum for our agreeing to move the deposition, you have assured me that R. ~ J.R. wi I t lsh the cross examination In one day. I informed you that Ron Motlgy will probab y take between one and half to two hours of direct examination and yoq have assur ijne that R.J.R. will finish the cross examination on November 11, !1996. Additio y, you have assured me that your client will take no action to enjoi Mr. Bumg ,r from testifying or take any other action against him prior to his testtmo y on Novembek 11, 1996 in Judge Radford's Courtroom. I Ie~se corifirm In writing that this accurately states our agreement ; i " Sincerely, ~ A3• Aa:cj~ GT/df De4r Greg: This is,:to confirm that this pUUNTIFF'S IBIT EXH w d 1~ , &NFAUMM • Ko.Aft4WS • 3F.%V0M'TI"%$'^'4 • .Dy31tOGDD • 1•.'b•7e"1D7 • rll\.OFE)46lW Walter J. Crawford, J . Foer,unluROFHU: • e.wlco.7il:WOrNr. I '!M, M~v..ea.... ...~... i Greg Thompqon i letter accur tel re lects our agreealent. W,`c 41 -.._
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The State of Texas v. The American Tobacco Company, et aL STOEVER 10:3,4; 12:14; 13:3; 82:20; 83:6, 9,10, 14; 92:7;137:8 Stokes 232:21; 236:22; 294:13 stolen 259:19; 261:19 stood 308:22 stop 27:2; 228:20; 229:22, 24; 284:17; 292:14; 296:4; 297:25 stopped 66:8; 74:20; 75:3;118:2; 229:25; 230:2, 3; 242:22 stopping 2983, 9 story 55:11; 89:23 strriegies 53:8 Street 26:11 strengthened 38:6 stretch 164:16 strletly 82:11 strike 235:17, 23 stroke 296:16,17 Stromberger 103:7 strong 297:12; 299:6 strongly 60:4; 61:24 structurai217:17 structure 65:18, 20 studied 23:21; 97:11; 158:24; 212:21; 298:20, 24; 310:19 studies 28:17, 20; 36:10; 67:16;121:25;145:11,14; 152:5; 177:6,8; 186:11, 14; 192:2; 211: 10; 212:7; 309:8; 311:1 study 19:13,17, 24; 23:17,18; 59:13; 65:17; 76:25; 88:7;146:9; 173:17; 178:19; 179:10, 14; 188:15; 190:14,15; 192:8;198:15;205:12; 210:18; 296:11; 309:2 studying 127:14; 145:3; 206:7; 310:20 stunned 241:9 subject 61:25; 135:12; 222:17; 224:3; 226:5; 228:14; 255:16; 260:3; 261:19; 265:14 subjects 25:20 submh 38:2 subpoena 17:8, 25; 62:1; 88:25; 89:6; 222:24; 223:2,12,15,17 substance 251:18;283:3 substances 65:8; 126:16,17; 271:22 substamiai 282:20 substantive 115:10 substratas 152:7 successtul298:1,2,3,4, 9,10,15 sucrose 102:15 suddenly 116:24 sued 272:14; 300:25; 301:3 suffkient 15:10 suger102:16 suggest 7:25; 8:2; 113:25; 116:23; 133:11; 134:23; 190:7; 197:21; 211:24; 220:2; 228:4; 268:4; 288:17 suggested 185:5; 220:4; 223:15; 243:9; 286:11; 304:23 suggesting 210:18 suggestion 265:19; 286:5; 287:9 suggestions 38:5 sum 251:18 sumllMriZed 263:20 Summary 143:3; 190:1; 302:19 summonsed 42:3 superiors 75:24; 270:18 supervised 300:9 supervisor 24:15,16; 32:19,19, 20; 39:8; 58:3; 150:3; 249:18 supervisors 37:6; 40:14; 43:5; 63:12 supply 174:1 support 23:25; 190:16; 314:8 supported 199:3; 204:25; 205:6 supports 314:25 suppose 307:12 supposed 135:3 suppressed 35:12,18 sure 48:13; 51:7, 14, 16, 21; 52:1; 60:8; 104:25; 120:24;133:23,25; 166:13; 181:20; 218:22; 219:4; 247:2; 264:14; 272:9; 303:17; 305:15 surface 129:24; 190:4,6; 192:17;194:23,24,24,25 suncce-ective 197:22 surfactant 64:2; 65:10; 129:14,16,17,18, 23; 130:5, 25; 145:18, 18; 174:7; 181:12; 183:23; 184:2,13; 185:19,24; 186:5,8,18,22;187:3,8; 188:6; 190:2,9,18; 191:12,17, 20;192:1, 3, 17; 194:14; 195:1,15,17; 196:23;197:18,22; 198:17; 199:17; 200:8; 205:13,16,25; 207:23; 209:10,15; 210:20; 211:1, 9,21;212:14,17;213:18; 218:1, 20; 219:5, 20; 220:3; 281:15; 288:25 surtactants 205:6 surgeon 184:19;185:3, 4;215:4,7,10,14;216:9, 13: 217:3, 8; 218:9, 16,18; 219:4; 277:17 surgeons 214:12 Su rgery 191:14; 214:16, 18,19,21 surgical 30:4; 70:10 surrogate 151:7, 10 survey 128:10 susceptible 176:14 suspect 60:4; 61:24 sustain 68:7 sustained 137:13 Sutton 51:1 Swaringen 51:22, 23 swear 15:2, 6 sweeping 242:13 swept 231:16,18 switch 177:20 switched 177:18 sworn 14:15,19,19, 21; 15:19; 120:2 symptoms 179:8 synthesis 111:11; 254:11,13 system 165:13; 170:14 T teb 200:16; 216:1 Ta}1208:21 talk 55:14; 62:12;114:1, 4,18,19; 120:13; 143:12; 162:18;169:3, 4, 5, 6; 186:4,18; 202:18; 222:10, 15; 224:3; 239:7; 294:1; 295:1, 5, 8, 9 talked 85:12, 22; 221:25; 222:3,12,13; 226:14,16; 238:10 talking 46:8; 71:18; 115:18; 116:14; 122:11; 12310;134:6;140:12; 172:22; 179:18; 203:7; 207:17; 272:15; 289:7 talks 309:12 tape 200:18 tardiiy 164:16 taught 21:10; 97:15,16, 20 tax 143:22 teach 97:19,22,25 teasing 245:9,10 Technical 111:8; 256:20 technicians 48:23; 52:14 technique 145:19; 146:14 technlques 145:16; 147:2, 8;152:6;154:4, 5, 7,10,12,16,19; 155:6 technology 30:7 Ted 9:14; 92:23 telling 226:7; 285:5 TEMPO 70:4 ten 264:7; 273:6 ten-minute 220:16 Joseph E. Bumgarner November 11, 1996 ten-minuted 161:4 tend 299:16 therefore 84:7 theyd79:21 tension 129:24; 190:4,6; they're 25:10; 105:14; 192:17; 194:23,25 tenure 18:2 term 34:19; 35:4, 6; 73:12; 77:7; 93:9; 197:2,2; 299:14 terminated 31:2,10,13, 14; 47:22,23,25; 52:11, 23; 74:22; 7 5:1; 235:15; 284:16 terminobgy 212:5 terms 63:20; 126:20; 252:7 test131:24,25;154:4,15, 19; 157:5,20;159:15; 179:18; 180:6,12; 181:3; 188:23; 189:17 tested 68:19; 178:19,24; 179:14; 181:16 testified 15:20; 73:6; 103:19,22; 118:23; 172:25; 236:7,10,14; 237:11; 257:2; 261:4; 280:12; 283:6; 291:2; 292:5;296:1;313:19 testify 17:9; 223:4; 227:25; 243:20; 277:18; 289:18,20; 313:23 testHying 174:15; 222:20; 233:20 testimony 158;16:1; 17:6; 60:22; 89:21; 105:8; 120:2; 121:18,21; 122:15; 135:24; 166:6,13,21; 200:25; 224:4, 21; 226:6; 253:24; 254:3; 261:11; 286:4, 5 testing 115:15; 116:11, 11;132:12;15i:16;152:6; 154:3, 7,10,12,17, 25; 159:5, 9; 161:16; '_74:23; 190:20; 192:19; 271:16, 21 tests 128:17, 20, 23; 131:16,17,20; 149:8; 154:1; 156:8,13; 157:23, 24; 158:2; 177:3; 181:9; 191:4 Texs97:3, 12; 8:10, 24; 9:3, 5, 7; 44:3; 88:20; 116:10,16; 117:4; 120:19; 134:19,21; 136:7,12; 161:22; 162:19; 168:19, 19;170:1,3,7,7,15,16; 171:8;245:14,16,22; 260:6; 277:10 themselves 131:4; 176:5; 223:9 theory 130:21; 185:24; 186:8;190:16;191:17; 195:15;209:10,15,19,19; 210:22; 211:2,17; 217:3; 219:23,24;220:2,3,4 thereafter 43:4; 74:25; 172:10;227:18,20; 259:12,14,16 106:2, 3, 4, 5;141:19; 162:22; 170:25; 171: 1, 11; 181:22;188:20, 24; 202:6; 245:21,21,25; 273:21; 276:7; 303:14 they've 91:25;134:21; 136:9; 170:16 thick 272:6, 6 thin-layer 64:4 thinking 13:6; 209:20; 288:17 third 38:22; 131:25; 211:17;248:23 Thompson 8:22, 23, 23 Thoracic 191:14; 214:11, 17 though 32:8 thought 14:20; 30:19, 21; 62:21, 22; 209:22; 242:20; 299:8; 311:18; 314:2 threaten 113:22 three 29:19, 20; 34:8; 80:19, 23; 83:23; 86:7; 108:5; 111:19; 113:17; 114:12; 142:12; 173:12; 188:16;224:16,19;226:1; 305:13; 309:19 throat 155:6 throughout 43:14; 70:22, 24; 85:7; 186:24; 277:23 thundering 164:22 tight 159:4 tightening 77:9 tilting 286:12 times 12:9; 29:8; 81:5; 124:9; 126:25; 152:25; 167:22; 224:1 tissue 64:12,12; 69:25; 70:1, 17; 152:8, 19, 20; 153:19; 212:3 tissues 64:1; 69:2f; 70:3; 72:8; 160:14 title 22:24; 44:23; 98:4; 191:21; 197:19,198:18; 238:14 TLC 146:18 Tobacco 7:4, 5; 9:9,10, 23, 25;10:23;11:3, 5, 7; 18:3; 21:14; 22:17; 25:3; 37:1; 39:13; 42:5; 55: i 1; 87:19; 88:15; 92:24; 93:22; 95:4, 8,14:96:8, 12; 98:22; 123:12,16; 124:25; 125:1,17,19,20; 161:17; 190:8; 193:21; 1943;198:24;199:5,9; 204:21; 205:2, 10; 211:11; 224:23; 228:9, 24; 240:16; 243:25; 254:13,25; 256:16,19; 262:7; 277:9; 278:5,12,13,15;279:6, 10, 17,23; 306:20; 307:11 today 8:19;12:5;44:1; Mi°-U'Sc"p" 51538 4944 (19) STOEVER-today
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• 31. Wright, L., Driscoll, D., Morris, C., Bumgarner, J., Standard Operating Procedure for the GC/M8 Determination of Volatile Organic Compounds Collected on Tenax (Automated Data Processing LOOK-8). In-House Technical Report, EHSL/RTP- SOP-EMD-020 Rev 0, 10/83. 32. Wright, L., Driscoll, D., Morris, C. M., Bumgarner, J., Standard Operating Procedure for the GC/HS Determination of Volatile Organic Compounds Collected on Tenax Automated Data Processing Selected Substances Quantitative (LOOK-9), All Substances, Qualitative (S88R-1)s Quality Control. In-House Technical Report, BMSL/RTP-SOP-ffilD-021 Rev. 0 06/84 33. Morris, C., Berkley, R., Bumgarner, J., Preparation of Multicomponent Volatile Organic standards Using Static Dilution Bottles. Analytical Letters 16 (A20), 1585-1593 (1983). 34. Williams, R., Sparacino, C., Patersen, B., Bumqarner, J., Jungers, R., Lewtas, J., Comparative Characterization of Organic Emissions from Diesel Particles, Coke Oven Mains, Roofing Tar Vapors and Cigarette Smoke Condensate. J. of Environ. Anal. Chem. 1986, Vol 26 pp 27-49. 35. Morris, C., Daughtridge, V., Bumgarner, J., Standard Operating Procedure of the Preparation and Use of Standard Organic Mixtures in a Static Dilution Bottle. In-House Technical Report, EMSL/RTP-SOP-MRDD-036 Rev 2, 03/90. Current Committee Assionmants The USEPA committee on representative sampling for the Removal Program (Analytical Methodology.and Sampling). Current Research Intgrests Development of a"Systems Approach to Multimedia Analysis".
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Joseph B. Bumgarner November 11,1996 61:16; 89:8; 93:2; 114:11; 115:16; 164:22; 166:22; 168:19; 212:13,18, 24, 25; 214:22; 220:23; 224:21; 226:6, 22; 227:25; 233:18; 252:16; 253:8, 24; 257:3; 259:24; 263:14,22; 264:6; 267:6, 25; 268:16, 21; 275:10, 22, 25; 277:1, 9; 283:1; 286:1; 307:15; 313:20,22 today's 302:17; 303:8 together 78:20;168:3, 4; 187:16;199:12 tok131:20; 38:20; 39:1; 40:14,16; 43:6, 8,11,15; 44:11; 52:3; 55:10; 63:10; 64:11; 79:18, 21; 89:12, 19; 106:17,23;107:15; 109:1, 3, 5,12, 24;112:2, 4, 7, 18;113:11;166:8, 21, 22;170:11; 216:13; 217:2, 3; 223:18; 229:8,16; 230:14,17,20;234:19; 235:12,13; 237:14,15; 238:18; 241:16; 243:3, 5, 8, 9, 23; 249:9, 20; 250:6, 12,14, 22, 25;251:1, 4, 9, 16,18, 21, 23; 252:17, 25; 257:3,11,18; 270:7,16, 17,18;281:25;283:18,19; 295:12; 296:4,17; 297:16; 298:12;301:22;305:24; 310:6,14,15, 25; 314:18 Tom 9:16;10:4; 83:10; 165:20;167:10; 245:19 Tompkins 49:12,13 Tony 118:16 took 102:18; 152:19; 179:7; 225:14; 243:13; 253:22; 276:18; 307:13 tools 219:17 top 60:2, 5; 99:11,12, 20; 219:13; 284:22 total 12:9 totally 134:1; 136:3; 310:1 tough 230:1 toward 132:16,17 toxioologica1156:8; 157:23, 24;158:1 toxicobgist 126:23; 128:8; 158:5 trachea 27:7;70:10 tracheal26:25;70:5, 7; 72:9 tracheotomy 26:25; 28:16;30:5 trade 54:14; 55:2; 81:16; 92:3 trafflc 76:7 train 77:16 training 19:18; 147:6 transcript118:15,17,22, 25; 119:13; 120:12; 272:5; 275:1; 308:10 transferred 247:11; 256:2 transltion 238:8 transport 156:20 travel 44:13; 77:5,16; 88:20 traveled 77:11,15,18 tremendous 101:15 trespass 133:12 trespassing 91:7; 92:4 trial 7:22; 38:13; 54:20;- 57:3; 58:6; 91:23; 119:2; 137:22; 161:23; 164:25; 165:13; 169:23; 171:7; 218:14;219:71-260:1,2 trials 38:17 Trlangk 14:13;16:19 tried 27:15,17,18; 28:17; 89:23; 152:5; 198:16; 200:2;292:14 triglycerkles 144:21 trip 221:18; 227:22 trouble 150:25; 151:5, 11; 194:7 truck 169:25 true 34:16; 67:21; 147:9; 158:16;173:22 truth 15:4, 4; 57:2; 162:9 try 15:13; 17:5; 27:19; 29:6; 73:4, 23;122:5; 168:22; 288:16,16, 20 trying 27:13,15; 32:22; 109:18;119:3;129:8; 132:111,136:7;149:6; 150:11;169:22; 202:6 tube 27:7, 22; 28:5, 15, 16; 197:4 tubed 29:17 tubercuiosis 178:13, 20, 25; 179:4, 10 tuberculous 179:13 turn 15:13; 56:6; 72:7; 92:14,16;101:24;105:6; 108:13;122:13;126:1; 130:4;141:24;165:15; 230:4; 272:22 turned 243:17; 250:9; 267:12 turning 239:8 TV 312:15 Twenty-flve 222:16 Twenty-six 48:2, 3 Twice 81:8,12 two 11:18, 22;12:3; 15:25; 16:7,25; 23:5, 7; 25:8: 26:3; 34:5, 7; 35:15; 36:1; 38:22; 42:18; 80:14, 16, 24; 86:7;108:5; 113:17;129:18;151:17; 156:13,14;158:2;162:21; 181:16, 24; 182:6;194:21; 196:5; 207:14,15; 220:8; 222:14; 224:16; 225:12, 12,13; 226:4,13; 238:10; 248:22; 272:6; 286:11; 289:7; 305:12; 309:20, 22; 313:15 two-andya-haM-hour 226:4 type 27:11; 69:7; 72:13, 24, 25;129:18;153:24; 181:18; 228:7; 239:11; 268:1; 299:7; 309:2; 313:23 typed 148:10 types 13:6; 302:22 U U.SA 139:13; 199:6; 205:3 uhimately 40:11; 78:17; 100:10; 170:15; 174:3; 175:2; 181:3,12 Umphrey 164:14 unable 92:11; 115:17,19 unbelievable 135:8 under 13:13; 16:6; 17:25; 34:12; 56:13; 83:23; 85:9; 86:6; 121:24; 134: 1, 5; 135:3; 137:11; 150:9; 163:12;182:20; 293:16 underlined 59:11 understandably 84:10 understands 7:9,17; 11:16; 12:8 understood 11:24; 32:25;37:6;107:10; 187:2; 299:12 undertake 38:17; 131:16 undertaken 124:8; 132:1; 196:2 undertaking 250:23 untalr 84:24; 116:18; 134:22; 202:4 unfamlliar 117:16,17 UNIDENTIFIED 87:22 uniformiy 160:13; 304:17 unique 32:4 unit 102:1; 127:10,14,17 United 10:23; 14:12; 16:17;18:7; 20:18; 37:24; 82:12;8325,25;84:6; 87:20; 139:22; 203:5; 214:7; 216:9; 293:4, 5 universities 186:24; 292:21, 25; 305:20; 313:4 University 19:11; 20:3, 11, 15;97:21; 186:17; 211:10; 307:2 unless 14:19;92:1; 124:6;151:1;171:8 unlike 244:10 unpublishable 179:15 untrue 243:18 up 7:23; 13:7; 27:24; 29:19; 35:11,17; 39:10; 44:15; 46:11; 48:18; 54:20; 59:6; 60:2, 21; 61:5; 63:12; 67:17; 74:25; 75:2; 80:17; 90:24; 91:9; 94:16; The State of Texas v. The American Tobacco Company, et al. 95:25; 99:8, 11; 109:13, 23; 119:10;120:4; 147:5, 6; 149:13; 163:6; 168:12; 169:7; 183:15; 200:2; 206:25; 212:21; 213:1, 7; 223:17; 224:16; 225:15, 17; 226:2; 233:5; 235:13; 243:5; 249:24; 250:15; 259:6; 278:18; 281:9,18; 284:14; 289:2 1; 300:13; 311:2 upon 12:22; 131:21; 149:8; 217:4; 235:22; 283:2 upstairs 45:14 urge 8:5 urine 148:19; 152:24 USA 11:4 use 25:19, 22; 77:3, 7; 116:24; 118:11; 121:7; 132:22; 133:19; 144:9; 162:23;163:3, 7,10; 167:19; 169: 17,18; 171:10,12; 182:22,25; 183:3,10; 210:10; 218:15; 219:6; 259:9; 299:13,15, 16 used 25:22, 25; 26:11; 33:13; 64:5; 126:20; 127:4; 146:14; 149:21; 152:12; 156:15; 158:3; 163:8; 164:7; 174:9, 10, 14;177:2, 5;178:9t 181:13; 189:1; 190:23; 197:17;204:17;228:18; 247:6; 260:2; 303:7 using 28:5; 75:7; 119:24; 138:8; 150:25; 151:7,9, 19; 154:6; 163:14; 176:4; 195:8; 197:5; 219:17; 259:24; 261:19 usually 197:5; 228:7; 239:6 uttered 58:7 V valid 57:9,13 valuable 90:9 value 243:13 van 303:17, 18 variety 155:14 various 87:5; 94:19; 102:16;152:15;154:1; 158:24 Vassallo 44:19, 20, 21; 46:3, 5, 9,15,18,19; 47:2, 9,15; 52:16; 238:11,12, 18; 285:21 vast 48:4, 6 vehicb 160:9, 11 verfly 41:14; 42:7; 169:10 versus 7:4; 82:25; 120:20; 130:18,19 1 veterinarlan 71:25 veterinary 64:19 V17:14 via 70:4 vice 238:12; 278:11 victories 38:15 video 200:22 vkleographer 15:8,11; 200:17,21;302:5,9 videotape 85:6; 302:6 view 78:15; 99:16; 100:19; 101:20; 113:9; 118:25; 215:4; 293:21; 294:2 viewed 70:1; 113:6,8 views 288:20 Vijayendran 51:11 viokded 81:15 Virginia 186:18 Vis-a-vis 222:10 visiled 87:5 visiting 20:3 vitae 18:14; 94:12 vivo 188:10 voice 15:9, 9,10 voided 247:11 Volume 307:20, 24 w walt 150:23; 171:23; 174:1; 202:1, 1, 1; 248:21 wahed 138:10; 249:3 waive 260:7 waiving 135:12 Wakeham 67:3 walk 91:9; 115:23; 171:14 walks 36:15 walls 103:9; 217:23; 219:15 Walter 9:13 Welton 50:14, 15 wants 61:4; 118:10; 120:13; 167:1; 169:17; 206:25; 207:3; 303:23; 310:23 washed 145:18 washing 146:4; 197:13 washings 191:24; 192:3; 197:16 waste 23:25 wasting 271:13 watched 119:25 watching 39:17 water 156:22; 157:3; 270:22 way 11:16; 18:7; 26:18; 27:25; 30:13; 47:14; 48:25; 54:2; 63:12; 99:22 55:14; , 25; 113:22,25; 121:8; 123:6; 127:23; 130:23; 149:22; 155:11; 158:25; 170:13; 172:14; 175:4; 204:4; 221:22; 241:8; today's - way (20) MindJ-Script® 51538 4945
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• CONFERENCE ROOM 1. In-house biological testing in the smoking health area such as work we have been doing for the Scientific Advisery Board of the Council for Tobacco Research has been terminated. Any further biological testing that may be needed in further developing smoking machines, etc. will be referred to qualified independent research organizations. As you know, we have used such organizations off and on for years. 2. All synthesis of compounds in fields outside of tobacco and foods has been terminated. All biological work in these outside areas is being terminated, i.e., pharmaceuticals and fine chemicals and others. 3. The Biological Division is being dissolved. Some service functions will be retained, such as bacteriological - .quality control assistance. These functions will be trans- ferred to the Analytical Division. The eung bean and tobacco beetle work will continue. These functions will be transferred to the Analytical Division. The glucose-isomerase work will be continued. This, too, will be transferred to the Analytical Division. 4. Dr. Nielson will be retained as a Research Associate. 5. Most Chemical Division staff members formerly engaged in synthesis of pharmaceuticals, fine chemicals and the like, will be reassigned to work on synthesis of tobacco and food flavors, and related projects.
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• Publications and Inhouae Technical Reoorts 1. Bumgarner, J. E. and Lambremont, E. N.: The Lipid Class spectrum and Fatty Acid Content of the Boll Weevil Egg. Comp. Biochem. and Physiol. 18:975-981., (1966). 2. Lambremont, E. N.t Bumgarnsr, J. E. and Bennett, A. B.: Lipid Biosynthesis in the Boll Weevil (Coleoptera: Curculionidae): Distribution of Radioactivity in the Principal Lipid Classes Synthesized from C14 -1-Acetate. Comp. Biochem. and Physiol. 19: 417-429, (1966). 3. Blum, M. S.; Bungarner, J. E. and Taber, S.: Composition and Possible Significance of FattY Acids in the Lipid Classes in Honey Bee Semen. Insect Physiology. 13: 1301-1308, (1967). 4. Colucci, A. V., Bumgarner, J. E.,: Synthesis of Neutral Lipids by Rat Liver Slices (I Effect of Two Antihypercholesternic Drugs.) In-House Technical Report R. J. Reynolds Tobacco Co., October 1968. 5. Bumgarnar, J. E. and Colucci, A. V.: Urine Nicotine Levels in Rats Exposed to Cigarette Smoke. In-House Technical Report. R. J. Reynolds Tobacco Co., January 1968. 6. Colucci, A. V. Sellers, L. C. and Bumgarner, J. E.: Biochemical Effects of Cigarette Smoke (I Changes in Mouse Lung and Liver Glycogen Levals.) In-House Technical Report. R. J. Reynolds Tobacco Co., January 1969. 7. Simmons, W. S. Sizemore, N. W. Sellers, L. C.; Bumgarner, J. E. and Colucci, A. V.: Biochemical Effects of Cigarette Smoke (II Changes in Rabbit Lung, Liver and Kidney Lipid Metabolism.) In-House Technical Report. R. J. Reynolds Tobacco Co., February 1970. 8. Colucci, A. V. and Bumgarnar, J. E.: Nuclear-Acid Metabolism of Hvmenolenis diminuta and Taenia craasicens. In-House Technical Report. Technical Report. Burroughs Wellcome Pharmaceutical Co., September 1971. 9. Colucci, A. V., Bumgarner, J. E.: Preliminary Observations on the Effect of Two Aloxynaphamidine Compounds on RNA, DNA, Protein and Glycogen Synthesis in Hvmenolenis diminuta and Taenia crassiceos. In-House Technical Raport, Burroughs Wellcome Pharmaceutical Co., September 1971. 10. Bumgarner, J. E. and Colucci, A. V., Effect of Smoking on Biochemical Metabolism. In-house Technical Report, Environmental Protection Agency, June 1973.
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- 2 - rr. 6. Most Chemical Division staff members formerly engaged in starch work have recently been reassigned to work on isolation of flavors from tobacco and foods. 7. Efforts in the Basic Sciences area under Dr. Mysels are to be redirected to projects directly related to corporate interests. 8. As-E result of these changes, some reductions in forces in the service divisions, Analytical, Information and Adminis- trative Service, become appropriate. 9. Altogether, 26 staff people are being terminated. They are as follows: E. C. Tompkins S. A. Ridlon A. V. Colucci g_ S. 5immons J. L. Ayers Paul V. Benko Harold C. Smith Clara Heise >bn SIzemore Clarence Walton Leroy Gerald Jaeie Foster William Mazeika Andrea E. Jordan Joseph E. Bumgarner James L. Sutton McArthur Newell Otto G. Beek Gerald E. Sipes P. Somasundaran B. Vijayendran P. L. Carey Robert Bruce Bobby Ezzell Roy Swaringen Michael Campbell
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INTRODUCTORY RFMARKDS: BY DR. SENKUS We are here today to inform you about.a significant re- organization of the Research Department and a reorientation of research programs. This reorganization of the.Research Department Is amsp;Oasive to changing times, events and situations, and has been under study for months and, in parts, yeare. A& you will see, the primary result of this reorganization ia um put even greater emphasis on research useful to our tobacco, food, packaging and containerized operations, and to eliminate research programs which are no longer appropriate to corporate needs, objectives and strategies. Mr. Vassallo's statements, which fo11oW, are designed to gfeE you the essentials of what is to be done. Efr_ Wa~a11o: i ; DEPOSITION EXHIBIT ~6ook Q?fx Or 3 10422
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S CONCL[JDING REMARKS I am certain that the changes, I have discussed will: 1. Insure'that the Research Department's organization and programa remain in full harmony with the desires, plans, - dbctsions.and strategies of corporate management. 2. Give us highly meaningful asd challenging programs toward which we may fully dedicate our beet efforts. 3. Continue to assure each of you that we continue to possess a Research organization, fully capable of handling all necessary assignments, and ' 4. Give each of you an opportunity to apply yourselves totally to the meaningful tasks at band - to your benefit, the benefit of our customers and satisfaction of our Company. Each and every one of my colleagues join in telling you how sincerely we regret the loss of such fine professional pEople who have performed willingly and well. Be assured that yoar associates and the Company will make full effort to help-, you relocate into good jobs in a short time. ` 7fiiesvaa a tough decision to make, but there simply was 0o a+IIternative and for this re..aa we hope that the detail . provided will help you to understand the reasons this move is necessary. W wish you "all the best" and hope~that the
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- 2 - special liberal termination arrangements we are making, together with your and our best efforts, will minimize hurtful effects to you and your families. To those of you in non-professional assignments who will stay but be relocated, t eay "please bear with us". We will do all we can to make your reassignments as quickly and as fairly as possible, keeping both your interests and the interests of our Company in mind. I know this comes to you all rather suddenly. It had to be that way to give you the word first. There will be plenty % of time to discuss this and to get answers to individual questions in the days to come. Dr. Senkus, Dr. Teague, George Cook, Alan Kirby, Department Managers and I are available to answer questions of a specific nature. Before we adjourn, however, are there any questions which pertain to the whole Research'Department and its people? :.
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' In order erstand the above observatioiWigarettes were injected - with 200 mg of ide as KCN and the HCN in the smoke determined and com- pared with control cigarettes. No increase in the HCN in the smoke was found. When five times the level of KCN was added, 11% of the cyanide added was recovered as HCN in the smoke. These results show that it is possible for HCN to be present in the tobacco but not transferred to the cigarette smoke. . Eldon D. Nielson Distribution: Dr. Murray Senkus Mr. Manford R: Haxton Dr. Richard E. Farrar Dr. Herbert J. Bluhm Dr. Karol J. Mysels Mr. E. H. Harwood Dr. Eldon D. Nielson 2.)? c 1. : r..: i~ Library (2) ;:.. V ..,.i •.. (. Submitted: August 26, 1968 Completed: August 27, 1968 Trom manuscript:vlb Approved: 119. S. SEP 6 1968 : L, ~ Ln W 00 Ir. ~D ~ N
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0 rMONFIDEWMAL ltr. s. D. Carpenter December 1s, 1969 1.. waieabecker t. J. iarnolds Eiolosieal Research Program. I ast Ds. Price froa !. J.taynelds at the CSt-NSA naeting ef . Oscember 11 and 12 1969. t1s mentioned doing chronic cigarette smoke exposure stu'dies with rats. The aaimais raoaived up to ' 300 ciisrattu and emphysema was producsd. They vera also looking for othar changes but apparently vsra not succassfuL. thiixvoriiacsli iiats =sta d viith tAilrp~~acelogy and mentioned that Racentl~ they hired a wife of an inasvkoteagfremiEevmaaoi:y School of Medieine, she is doing resesrch K th lung macrophagss. I believe bar nams is Haas. He was intarested in laarning about the gas chromatographic profile of cigarette smoka within anisul axposure chambars. LW:nre ~~ cc: Dr. T. S. Oadsne Dr. H. liakaham r 11337 T 2 _
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BVORT OV POLSCT A~!U0+'"" 3"O1Q1 '~IND_1R.AL.^.t t2_'LT+OT IN tl E A
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1. A diffsWrked emphysema throughout tongs. 2. Deposition of pigment (tars?) in lung tissue, mediastinal lymph nodes and tracheal adnexia. 3. Lymphocyte infiltration. 4. Frequent epithelial hyperplasia in trachea and bronchioles. III. Smoking Rabbits Rabbit #6 (Bravo) died August 16, 1968. Autopsy was performed and tissues were taken for histology. Rabbit #3 will be increased to five WINSTON's per day, August 19, 1968. Dr. Johnson's experiment with chronic smoking rabbits is now at 3 cigarettes/day. There have been no deaths in this group., Dr. Colucci's rabbits will be increased to 3 cigarettes/day on August 24, 1968. B. BIOLOGICAL ACTIVITY i. Insecticide Screening a._ Initial Screening None of a total of 15 RJR compounds screened for insecticide action exhibited activity against the fruit fly or the cigarette beetle. b._ Screening by OSDA Reports of results of testing of RJR compounds were received from five different IISDA laboratories. None of the RJR compounds tested by these laboratories were sufficiently active for further consideration as insecticides. II. Herbicides Of 27 RJR compounds tested against duckweed plants, only one, SBB46A [hydroxylsmine-N-(4-methyl-2-pentyl)-N-nitroso-, ammonium salt), was effec- tive at 5 ppm. This compound will be submitted to the USDA testing stations for further evaluation as an aquatic herbicide. III. Primary Screening s. CNS Fifty-seven compounds have been tested in the mouse observation- reserpine reversal assay during this reporting period. No interesting compounds were found. b._ Smooth Muscle Of the twenty-eight compounds screened for smooth muscle activity, one, SAA107A, appeared to be active in.blocking both acetylcholine and histamine. SAA107A is quite toxic in vivo which precludes further testing of this compound.
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t t ' for a number of technicians and other supporting personnel; ;•however, none of the supporting personnel are to be terminated.,. ~;.They will be reassigned to one of the following locations: f~;. W another fuaction in the Research Department, (2) an :..pening in the Product Development Department, or (3) an opening outside of R&D in another Department of the Company. :: :The rules of termination notice and pay for the professionals who will be leaving the.Reeearh Department are special'for •. *%J* : ::'..the situation and will be Aiscussed with each individual : George Cook or Alan Risibys iu•a:s~eetiug earlier this aozning. They bavrc been 'told what to expect and how and vhen they vill be traasferred: ;,. Coneludina Remarka (on •aeparate page) . ... _. _ . . •.,~•. .. 3 :?10. Termination of 26 staff people will eliminate existing jobs :+ •17. The non-staff persoonal affected 6y these abange: have been notified Queation PeYiod (if time permita)' : - . Lnd meetinc not earlier than• 12:30
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c._ "'lemorine SFF70A was shown to be active in preventing the tremors induced by oxotremorine at the dose of 50 mg/kg, I.?. No peripheral effects of this compound were noted. Although this dose is quite high in comparison with the standard compounds, SFF70A will be tested further. d._ Anticonvulsant ScreeninR Preliminary work has been started in preparation for the inclusion of anti-metrazol and anti-electroshock seizure assays in the general screen. We expect this type of assay to not only broaden the scope of our primary screen to include anticonvulsant activity but to also give us a further check on sedative-depressant compounds. e. :Anorexia SM67A, an ephedrine congener, has been tested for anorexic activity in rats. In comparison with standard anorexics, SM67A was found to have some anorexic activity; but, as with most of our CNS compounds, the necessary dose for equivalent activity was quite high, i.e., 100 mg/kg SM67A reduced food intake similar in magnitude to that of 1 mgjkg-amphetamine.-- This-csmpound cannot-be-givea high priority for further testing. f._ Metabolic Eighteen compounds were tested for bypocholesteremic and hypogly- cemic activity. Three compounds, SLL58A, SFF67A, and SB46A were found to have activity in reducing serum cholesterol levels. SLL58A, the bis-(N-propyl carbamatf) of 3,4 carenediol is apparently the most active of the methyl (SLL55A), ethyl (SB46A) propyl (SLL58A) series, showing a repeated cholesterol reduction of greater than 40% at 200 mg/kg, P.O. The initial activity of SFF67A (3-Pyrazolidinone, 5 methyl, 5 phenyl) was not confirmed and the compound will not be screened further. IV. Secondary Screening a. Cardiovascular SAA88A caused an immediate hypotensive res~onse in two cats with an increase in pulse pressure. Apparently, there was a large drop in diastolic pressure with only a slight decrease in systolic pressure. Heart rate slowed initially but returned to normal within 5 minutes. Ideally, a hypotensive agent should decrease both systole and diastole equally so that there is no change in pulse pressure. " SAA88A did not block epinephrine or no,repinephrine responses but the responses were altered. Atropine did not block the hypotensive response induced by SAA88A, nor did propranolol or mecamylamine. These results indicate that SAA88A is not an adrenergic blocker nor a ganglionic blocker; nor is it acting by way of a cholinergic mechanism. ATP and SAA88A appeared to be additive. SAA88A does not fit the pattern of the usual hypotensive agents.
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II. PreoaA of Roguefort-tyye Cheeses • Blue-mold cheese prepared from milk and a blue-mold cheese food prepared from vegetable protein were removed from cold storage and opened for examina- tion and.cleaning. Cakes nearing six months aging will be scored by taste tests in the near future for comparison with results obtained after 90 days aging. III. Treatment of Starch Wastes At thp request of the Engineering Department, water samples taken from a holding tank in Building 90-3 were examined for suitability of disposal directly into the city storb sewer at four- to six-week intervals. The results indicated it could be directed to the storm sewer and that under present conditions it would be unnecessary to spend an estimated $9,000 to divert this water into the sanitary sewer as proposed. E. MISCELLANEOUS I. Clarification of Culture Liquors bv'Filtration An Alsop-sealed disk filter unit was adapted for use in clarification studies. Unbleached muslin, asbestos cellulose fiber, and synthetic filter cloth were used to evaluate certain filter aids. None of those filter aids available were satisfactory. Others specifically proposed for this purpose have been ordered. II. Preparation of Low-nicotine Tobacco It would be useful to have a nicotine-fiee tobacco for physiological studies in order to separate the effect of nicotine from the other physio- logical affects of tobacco. Therefore, seeds of a low-nicotine, flue-cured tobacco variety were obtained from Mr. Ivan Neas of our Agricultural Research Division; and the variety was grown in the greenhouse along with the Hicks variety flue-cured tobacco. The tobacco was cured by standard procedures and analyzed for nicotine and total reducing substances. The results are summarized below. Nicotine Total Reducing Substances Low Nicotine 2 Hicks Variety X Low Nicotine' X Hicks Variety X Lower Leaves 0.44 1.81 21 14 Middle Leaves 0.61 2.79 32 27 Upper Leaves 1.09 3.52 32 24 III. Fumigation With HCN Previously it was reported that cigarettes prepared from Turkish tobacco which had been fumigated with HCN showed no increase in the HCN in the smoke over control cigarettes. A similar study conducted on flue-cured tobacco showed an increase of 132 in the HCN of the smoke as a result of the fumigation. These results have been obtained in spite of the fact that it is possible to detect HCN from these tobaccos when the tobacco is heated in a closed atmosphere at 100°C.
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b._ M~ine Oxidase Inhibitors ~ S2S29G was tested in the cat nictitating membrane preparation and compared with tranylcypramine. The results indicate that SM29G does act,in a manner similar to tranylcypramine but at much higher doses. Since the doses of SM29G necessary to produce an MAOI effect are so hugh and because of the problems associated with MAOI's clinically, no further work is planned with SH29G. C. STARCH BIOCHFMISTRY I. Maltose-forminfc Amylase I An RDM, 1968, No. 49 on the comparison of diastase M-1 and RJR maltose amylase (August 5, 1968) has been submitted. The clarification of RJR maltose amylase preparations was accomplished with no loss of enzyme activity by filteriflg the crude fermentation broth using Celite 545 as a filter aid. This project has been discontinued. II. Evaluation of Amyloglucosidases for Use in the Total Saccharification Process An RDM, 1968, No. 47, Evaluation of Amyloglucosidase Preparations for Use in the 1Comai Process (July 25, 1968), has been s^ibmitted. An attempt will be made here to study the "reversion products" said.to occur in the final stages of the process as conducted in the NSK equipment at Penick & Ford. Upon completion of these studies, Dr. Lartigue will proceed to the laboratories at Penick & Ford in Cedar Rapids to conduct experiments on the NSR equipment with the assistance of personnel there. The investigational approach will be to employ mixtures of commercially available approved or accepted a-amylases and amyloglucosidases for the production of high DE syrups with a minimal formation of so-called reversion products. D. FOOD MICROBIOLOGY I. Sanitary Analysis of Food Products At the request of the R. J. Reynolds Foods Central Quality Control Laboratories for consultation and assistance, the Patio Foods plant in San Antonio, Texas, was visited. A sanitary survey of the line material and the finished frozen Mexican-type dinners was initiated. Finished frozen products and canned goods were collected for later shipment to be included in an over-all a=a*+t++=tion. Information regarding levels and types of bacterial contamination there are scanty, and it is hoped that this survey may provide a basis for reasonable judgment of o,ver-all sanitary conditions in this type of plant. A total of 526 routine examinations of samples of various new products submitted by the Product Development Division was made. No enteropathogenic organisms were detected in any of the samples.
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~ ~ CONFIDENTO, Author: Eldon D. Nielson MRR-B, 1968, No. 8 .Biological Research Division To: Dr. Murray Senkus August 26, 1968 Director of Research Re: MONTHLY RESEARCH REPORT Period Covered: .Biological Research Divison July 16 tarough 1968, No. 8 August 15, 1968 No. of Pages: 6 A. SMOKING PHYSIOLOGY . I. Pate of Smoke Constituents in Animals a. Palmitic Acid-C14 Work has continued on the determination of the metabolic fate of the C14 from palmitic acid-C14 in the neutral lipids, phospholipids, and free fatty acids of the tissues of the lung, kidney, and liver. The individual fractions containing the above classes of compounds were saponified, the acids metbylated, and the methyl esters analyzed by gas chromatography. In addition to the saturated and unsaturated C14, C16, and C18 fatty acids, the data obtained suggested that the lung phospholipids contain significant smounts (approximately lOx) of Cu and C17 fatty acids. These results are surprising in view of the fact that mammalian tissues are generally believed.to contain little or no odd numbered fatty acids. Additional work will be necessary to establish witb certainty that these odd numbered acids are natural constituents of the lung phospholipids and not artifacts formed during the isolation and analysis. Future work will also involve attempts to determine lecithin, the major phospholipid of the lungs, directly bT gas chromatography. The dipalmitoyl form of lecithin is generally considered to be the major surfactant in the lungs. It is known that slight changes in the fatty acid components of lecithin will change its surfactant properties; therefore, it is important that we develop techniques for the analysis of lecithin and closely related compounds. II. Smoking Rats The chronic exposure of rats to smoke is continuing. The number of exposures was increased to two a day on July 16, 1968. Three rats were lost after bleeding. Tissues were taken for histology. No gross pathology was noted. The histology of the tissues from the rat which had smoked TEMPO cigarettes via an indwelling tracheal cannula has been completed with the results given on the following page.
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• future studies necd to be directed at devising a.ultiplr ani.wl rrstraint during smokint periods. 7LC .vltlblt 7n tr..•r t. CONFICENl1AE Ortlwd u! . . ... 7 . , parasympathetic discharge unasr atc•.oiu1 cooaitlu-•• expected sympathetic reeponae. Signs obseiv.d included eactaiV. ,dosta, and lacriaatlon. A earkad slowing of heart late ia also indicatlvc of locreased vajal tone. The sudden deaths of some of the rabbits may have beeu practpltat.d by this s+arked ehollaertic response eausint cerdt•• arr.•r. This ie pure apeculatloa, however, aod lurther studies seed to be done to •eraluate this avenue of explanatioa. ie.sussuryo sweh vas learned about the rabbit in regard to !ts ;: j,, u.. a. a asvf.Ias auia.l, oot all td vhicb ?.as bcon recorded Sa thla ._ - r.Dort. Yhlls the aalo.al is !at fr+om baint ths best =del, !t can be . .. eompreaisu aad a.klft sllovaneaytos dalieisaclu. osed trs0tliA etttaia ~ . ._, , . _ .:... . .. .%..~ . . . n Dlstributtaaf .. Ds. 1,Wsrq fsdeos ltaatord t. fastoa DrV ferbast J. 11uL. !!t. tL t. Lttrtod xr. Leroq Gseald Dr. V D. ftlslaee Dr, S. A. kShcos Librm (2) _" Dr. a. 8"le 3o6asoo . Dr. L. J. 1lYaale Submitted: llarch 7, 196! Co.pleteds )Sareb 20, 1969 iroe .aauscripttkdd ~1. 'P I
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• .,. : .• . . ..: ~ O! the six Pr.aid.nts, kr. OrV, by .irtro ot Aia paracr.,, oaposiaN ad Ala Ca.paqq'a shara at tlu tra6a, ia imdauttadh : : < ,.•}r. .... , . 1.adioj paraoaality. It. talka• is prisarily a . , . . . . . ~ . . • .,-t' tha 4it•fuY, apRUain tlpo at palid ia .c ! .; • •'?'' i:. . . . . :.. Itr Wllna haa tt . othold.es a•c: " a6 un rL IW at .. . . . . . . , - . . . . . .. . yp a t ~d _ . , _~`~- -- -' -- -'-- -- ----..-. a tl t e a h "1 a ya a . . . um the uUats fy t6tolied LiF C ;, . . M•. darrindtos Iw eao op as t4o lad aida K Liddott [~•.:, i. *.loaat NM tN awliat ad Nalt6 aide d the lw:-' ., M hd loa.o lnddat. IU. liaak, 19n Yuan. 4alkt^, tr..ar, W attly nustlJ Daa aypaiat.d hutdat, b:< : W a]ra.{y appraaiattd Ik. 1laeY'a eatriLutieea te dia.. ... , aeklng ad Laaltb peoLlas. ' . . .. ~ pr naoptia e.ary.Taa ..aost lrtadLy. Ir. 1: . partieoLey asprused apprasiatien that et dd taken tht . i s I
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Indieee ot.eiontifte Litentorv for Litieatien Punea. . ' Yr.7aab kooyo an lnta ot .editA ud aeientitit, lit.vatue tor litiptta r.rp.ea by aabJat aed wthe. A .n/...iaor .ed thea girlt .n tquir.d ter abateratiad and atalepded earrent lit.ntut. .ea abat thne otker.. shor ato 4e.dwe the •an.at.m4.at• of ca.. me ssa. etaa t.e this pur...eINata .t ,o-. .atsa, aa ad.t±.t, ; IdtSptiw lndiaaa an alao kqt by 1LLao lros (ad.Ce.) ae6 ia. sel...e. (r r.).. m additLte, tba. st teW laaSK kt't by o.sa. A iala. .t atl the r.l.vaot litenttn, tumesns lato 7.+ 0 nlva..; .a . ynNnd tar tpaeld'a dttan la the Lutipo a.w. Sbq' ba.o enr ' . t0,000 ppea iL theie eveetd.. ~ • . : Mr. leas keoya a aiedlar SLda, pthyo an as o.ee l.rder aealv. ; • agno, toe au01e, that a rotanaoa to a tlltos ..i a healthalW. n+ ns i.tSnittoa ot .hat eonastut«1 a•healtb elaL.•. w.wld not • prepared te bind hl.alt and hrd to raorro tt.adta of aotiee aa thtro ..... vu asptaiaod'to Poi11o Morris. Mr. ielaatio oaid tkat.ho vao not !he ieter.al aaseoeat botvees 690 arahero eet to aoYo halth elai.a Bealth C'laia. !n tl.[. , . ' 4weda{ a evuaeahlo datinltla ot haalth elaLu, ha veuld onb.trlb. . to the aDlrit st aet aldnt hedth eialco ia the O.L. da.& .oaera7 ot the position, Mr. Collue a!d that Pht11D Yorfi. stood on thdr paat ~ ' sveerd .t eet aa1io. hoalth elaiow. ' .
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Aasry n.. (2ayaoua) (Chair.a) Cj. etttka (i.t,to.) . - Ma. x.aau (has . Rlliuaaa) Paul 2aith(P.IG) Proa itwa (L. 6 14) , aabe luasdl (Lnrillar6) 4fia Committee Sa astrauLP paartull it lattr.faoa the Liib policy d t!e ialnatq mAU anMe{ aal health rttarr - raaatrrt aad pub71a rWtiw aattaea, tar antqlos as a.i3 as Lap1 aattara - aat it raporta ''liraotly to t!a Pratidoata. !ha Committee 1a partialarll aoouraad with paaibla Canwnsaiaed lariaLtien aa!' it dror ap the Cigarette Mnrtiatnp CoG. Ta ®LOrataad that the Cob .u larp7,T the .ark of 1!. 2an. La C'6airaae bt this Committee oad tYa raPraaaatatia of tEe larpaat .uwtaatlra. - Ik, p.au ta probablP tho awt infiuaatial aaabr of the O.L tebaaao taMuatq, apart traa the Protilmta, in torflrr iMuatry policy ia the tio16 d+aeYini . .'.Lani Loalta... .. . . Saa Policy Committee aat up anothor Committee d la+y.ra, lmoon u the M Eoa feoap, to saiat t"r. 33a aaabara d tha M 6eo Crwp arai- Da.a Xar* . (Pll) (Cluiraan) Jaatt lro.n (A.t. Co.) tA. Coot • (2Ji) --------Ddr Jaeob-'----' (2JA A p & 1)-. - JoM 2uaaa1l (LariLLrt) ' - Prat Ba.a (L & p) Alts Nolaaao (PM) " - ma M Hoo Crooy ia emearaad .ith - (t) KMlsl - UP3 aattCa• (2) 2wtialatag propoaad aetioa by othae'tebaooo arpaiutioat. O) ci.niq p.port (o.p. or.'LStUa'a aawaL raport). (t) takataC the tetr-ttati aaa Paroip Caa.ata Committee of ' the Lauaa of Raproaastatt.aa. ." • (S) YdCep aartata that ae auuraaooa d aN ktat rdatia{ to ', the aatab d a.akiy are fivat by aeQ wutaaturora (o.i. . L~ ad6ltiou*, tbor: . ai tn otpae Coaaitta.i d la.yera - ona tor laalie# .Jth,Pod.ral Sraia,Caaaiatioa rttara ud a Litipatloe Coaoittao
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• ~ i ~ This booklet is presented by The Tobacco In- stitute in the belief that full, free and informed discussion of the smoking and health contro- versy is in the public interest, and In the con- viction that the controversy must be resolved by scientific research. Preface For many adults, cigarette smoking is one of life's pleasures. Does it cause illness-even death? No one knows. The case against smoking is based almost entirely on inferences from statistics. The "con- ventional wisdom" about smoking came from judgments expressed by committees of doctors in England and the U.S. In our country, anti- smoking organizations pressured the govern- ment to endorse these judgments. Never before (or since) had a committee "discovered" a single "cause" for so many diseases. A number of respected scientists do not be- lieve a causal relationship between smoking and illness has been established. Others believe that It has. If smoking does cause disease, why, after years of intensive research, has it not been shown how this occurs? And why has no in- gredient as found in smoke been identified as the causat(actor? 1
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a ao a 'Ola Oela tyun tiltaa - a01et the a.ose - aeat taste in a filtor elµrette.- ' 'Salq aofteeaa fruhaa yoor taste. Salr aDeeial Dayo breathes in fruh air with e.a7 7ar .are ehaeeew rieat hoelaa aharoal filter. Me health a1aL ia .aaa far Taape - eeay the pradae ef aeaier asa., a.eether taate.• V'c. erur 'The Deep-TOa+a Hltae fer the taata that4 aiaht.• - . Lifs Aaierar.ee Sn an aa.ortiaaant, the Btate Itutual Life Aaauraaee Co. of agariea, Eoroaator, Yata., affarea loaer Snauranaa satea to een ana taaaa The •havan't aaoiea a eiprette ana year (eipra aea pipes are quita ' yardaalble).' . . . . [~e 1e v; ~
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• THE C I GAR ETTE CONTROVERSY 41 DEPOSITION ~ EX~~HI~B~Ii~ ~f14GY~ CL q
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letttr trm Noy. Derrls retwsttq a stay d the Cria. It, koo+a, the .• to satqaard the .,adaoturaa .pse,t lat:w lam sulta; .auu .ako tt ...an lfttleult ta Olatatitta to estatliak a alatn for 4.ap!. la !er pook on the eipntto tis.ekr saem•, smatar Naatapr tad r+aer.ed.A that the lsdalattm skeuli tnelods a llat ta da.apu fa - ,' 1.. suits apioat the ssataaturaa. ttr. isee0 tnta.el os that tlsleg ' lm.ps ta torts ns a aalta toe Matoss Cmpess soold net latata.. tveMas qoU aot }rmat aataate 1epaLtim W btatea, Ae Act d ; Canpnm ta msmtlal te the telwW. 11r. Nuodl (Lorlllard) tkeoAt tLt a peaal .aeetnN m paebts, tfis* tt aaa1Q neo te qsettlo ma+t. - .mL le soat AaaaNlnC to tot:ee trMa, ~Ltid~, d aaam, a.elmt.y Nula aLOUlA emo tnto oyaattm tdaa an Aat is y/uset, the amdaota.rs w!].1 aan tor m taJmettoo. . We +ae taU4Lt &tol~tarr aRas.let 1t the lndostt7 m a pet.t sanlaN .eoM t.-,fw.r.;= w ltratly, it wu16 le an aialssim Dt the to6ustry tkat aiprtttm .ui kantul. Ntamtly, St the toenlns .u s'.aitle t.eo& to p.+ tLa lWosetT Retaettm !a l:s aMta, !ta'.ardtnN liao d ka Dook: it Aa6 ttm arlttm W Drs. 6hobtk. 1lotta anS motk.r _ ~ (re r +loss aus Re !Sd not eelek). _ .
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S I To nra in U.S.A. fraa 10th 6aptwber to 19th dttobar, 1964, aed ld diwassions aiths- ' . . . , •. TM Pnsidants at the six aafe aipratta . rim !v C.l.1., eaa aa-Praatdaat am soraral Dlnaten, . ; Tha L.dal ldrtwn at taar of the tins aed smther 1aJar . adtisiag tn at the tYn., ' t TLo Dinetrra at lasaareh aad other stiantSsts at tiva ot the ~ (of Craat Britain aad Savland) Ltd., , , 11r. J.IL CntW aad 1?. D.L Cwism at the Iaparial Tabaae Co. Tha Idatntstrator of the D.d. Cipretta Adrartisiat Coda (Corornor ioLort I. liaynae)r • • Oenator J. SLanea Coopor (Aepublitat, NY. ). .The Aaeriaan Ysdiosl tastatioa - 6.nior Lnstuti.os, ard the Chatnan aad tvn athar ..abon et,tha d•Y•A. Caotttaa for lueaueh an Tobasaa aud Raaltt, . . . Tha Council for Tobaoeo los.auh - 0.l.i6 nd ita Seieatstir • Advisory paard, Rr. Coorp ALSon and IL-. DdLLrt al ths Tobacco Iaatitute. Tn senior aashere of the Pational Cantor Snttitute aad t+o of tbi Dattaaal 9osrt Institutor-._.._._. Dr. LL. :)edor am his sonior statlt Dr. LC. Rsaaoadi Dr. T. 9otas, Dr. J. portann, Dr. P. pernteld, Dr. C.C. Oeltaar, • Sh. oovpleta list ot poopla vith vhea ve bad disasaions is91nn ia ' Appendix I. .'IDii npert,deala ony rith polit) aapeata of saotled uid h.alth probla.s ie U.S.A. L saparate report as rauaetl aspaots hu bsm prepared. ' TMs npdrt aq bo aleatvr it n raaord at the ontNt that ' rr. faa.a Cryv (aanelda), Yr. Talkar (l.T.co.) tod Kr. Piaae (p.a r.). tiivy and simarell balta.a that it has not eeaa prored that aaokiet is AanNl to t,talth.. On this iaportant patat, lovrer, Mr. Cull.an (philip Yms•ia), Mr. 6arrietton (L. a l.) ard Mr. Craar (Lortllad) vovld Ledde a i
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otDaei:]ly Lrse. Lorill:sd'a othcr ealn brmds - Ycrrjort Ld C:d Co:d iiltora - le.n daelined Sa abaut oqual 7roPa-tian. Lorilsrd yratlts tcr the aotond qutac a• t9LL vero doan by aDnut !Wti - not ra aasY tiaa foe thair relati.aly noi Proatdcnt. . There w eara anti-anetlr.S aropa{mda in tba Seraoia fut aa aiR ot Lt being effective. The Oernentado ot aookera in tLe 1d-L. aja Vouo Led not dre1L-ed.
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10
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1 :'TRnnCCr1M eoNFioIRIAt A great deal of JnUrest has ariscu fn lnv.•.rt1R.,tlu; I lH• rI tr1 ti• ••1 cigarette ssoke on the biological wodcl. 7hc tolloviut reth'r: dri•rrf~•, initial efforts to create a eodel yielding saximun inforaatioo, Lots, qualitatively and quantitatively speaking. The rabbit vae chosen becsu.r the only other ehoiee was the rat or guinea pil; both ssall rodents and poor anisale for pul.onary studies. WERIHQtTAI. , Si: raedos-breQ Xev Lealand rbits rabbits vere choseo for uee ia thisj expertseot. A record of so rsnmt il:ness asd a briet pbysical exasiaation vsro ibs oaiy baaia for tbeir ael.ctios, it was felt at tts tiaa tlst esaD ` bbibld bd tL lfiibl Sil sat:sooo tappeot as .ucaorsatoo as possa.wera ataap- - • ~ ' .....1 _" R..L ~.A•1..- w. e4!!!A Yrlt. i . • ~ «L.fwwi .. .w1 ....:.J ~. ~d1t .ul .. .::: .. ~:a et'eor,tieil s`!de'er'dyi'.o~a~:d rttb'ieatal ea.est: Zba sraalva irs. •4 ,....• _debriaid_sed drt.d. ~ltetto8s's_vetd"olie:d:'~tb" d:atal ea.eot t+aad to bold :, w , t3st'$tt oos ttoit. - ikis CletorepOtt-O1erattve Csrt vero rot+tiae4 iut- ; ::~ qd: - : , . . ea simri slief jSae.d !a tbe intercoKal WwdU oda ;~ti 'rtra) .us= F : ~ _, vis .ii i' plaeed sabattsasondlr aad ssit+d r,:'" :,~aeAifdf ptaLa ~ ra `''L.ad wia , . , .,~., t , at tb bw pi tbs a~till~a ttti 1at ot We sabbtt•s'soet. A earottd ssanaL' ; :(tt .40~ ins '~Lcod~ ia'oe. osiotId att.ry. 1hSt was also res .ubeotasoonsly ,.- ••`:_.. tp tb. ~orra. of tb. oW* ~iot st.roalissd tbero. As Zliubatlua aoiLr ra. ~ 0 ~~d +yid ht Fatra iot atiai au 'ttir2 .• 1.oseb ot,li 200 inu osed to satio i t aaad eaoenL. > ibi't~lae bsa•a. btatassowln alows tbe dorsal trsait.. t2.:~ t~K ••. •. ~ ~ '' •eq '~ ~~" ' e ~ vai T61i ral oaaaosaess l ead I liuesvu~.eptai,s et petaaoent.• R+.a tba rabbit vu to be Mk.d, a catbater of aasllar Peowat was pass.¢ throuih tha ter*asaat wmola vatll it etttared the aasephatyas. After saokin5, the catheter was sesered and the canneta reaaiad !a plaos. these rabbits wera siot tat.eoded for use !a a rigidly set experisxat. itaee saoh t•abbit vaa'vaed is diftereat rays. saeh will be discussed ladiridually aad Rhs cooilasioes drava troe tba rabbits isdiridsully.as well as a sr Sabbit Xo. 1(007). lbis rabbit vas soked bejisaias opprosiaate1 0ee .aek after surgery bad bsea eoaVlstsd. (Vlltsiott 3S ... filter btsjs) f.eerd= ' !op of all parasetera were sade dorirtj tbese iaiti,al,-aaokiej periods. The lolloviat obserwtiooe were wadet 'e 1. Slowing of heart rate oeearr.d durltg saeb puft. TAis vaa al.ost e:elusively doe to a lea=tbessd T-p laterval. 2. Tberi was a deersase is pulse pressure, a. Decrsased•sJstols-(S .w....llt,~ . _ b. Noderate inereese to diastole (1S .a.-ita:)'"- " .
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• Statements in this booklet are fully documented. For a list of reference sources, or for further Information, write: THE TOBACCO INSTITUTE 1778 K Street Northwest Washington, D.C. 20006 i 1974
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S some divine intuition or were not telling the truth." Said another pathologist witness: "It Is not possible, grossly or microscopically, or in any other way known to me, to distinguish between the lung of a smoker or a nonsmoker." Later, to illustrate an environment story, a medical news weekly tried to find a "clean lung" photo to contrast with the darkened lung of a 48-year-old man who was born and died in New York City. Said the magazine: "Only by photo- graphing the lung of a four-month-old infant who died of epilepsy did we find the expected contrast." Smoker's lung? Yes, you'll hear of it now and then, even from those who should know better. It's handy, just like the "300,000 excess deaths" and the "100,000 doctors." But it is hardly truth. Thus have critics of cigarette smoking con- ducted themselves, adopting aggressive posi- tions, reaching for the most sweeping and dra- matic claims, often beyond statistical or scientific fact. Smoking and Women You've become accustomed to seeing maga- zine and newspaper articles which say that smoking can harm your unborn child. Studies do show that smoking mothers, on the average, have slightly lighter weight babies. Yet with more women reportedly smoking, infant mortality rates keep reaching historic lows. Some studies have shown that the lighter babies of smoking mothers actually have better survival rates than similar weight babies of nonsmokers. A suggestion that smoking may not be the cause of slightly lower weights among newborns came from a California study of more than 13,000 . mothers. Some of them began smoking after their first pregnancies. The babies they bore before they were smokers also tended to be lighter in weight. Thus, there may be other, more significant differences between groups of smoking and nonsmoking mothers-age, economic status, employment, race, diet and many other char- acteristics that could affect the outcomes of pregnancies. Many Contrasts Smoking and health statistics have been built up by.comparing smokers and nonsmokers. But when large numbers of people are sorted into two groups this way, are there no other differ- ences between them? Differences which might account for contrasts in health patterns? There are, indeed, say authorities who have studied such things. Some of them are sur- prising. Smokers generally are more communicative. They are more creative, more energetic, drink more coffee and liquor, marry more often, prefer spicier and saltier food. They take part more in sports and change jobs oftener. They are more likely to have parents with heart disease and high blood pressure( These and other findings, accumulating in the medical literature, raise the question of whether smokers may have higher illness rates because of the kind of people they happen to be. Science has learned that a blueprint of our constitutional, physical and chemical makeup Is laid down at the moment of conception. Thls Is genetics and, as the saying goes, we cannot choose our own grandfathers. The blueprint is still fuzzy-we do not know, for example, the 8 9
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S 1 b N k bl ~ tl~l _~ONFIDENII~~ a B~ i ,•y • e cror4 pr u• aufn•al va. Watriav ,v o osl . o reoar T found at nccrop•1•. A total ~~f 48U CipnTettae vete 'rawkvd' over +s p~•rl-.d of approxlsotel.• 7 rwnths. Hietoscopic examinstion of tissues tsvoaled lncreased nu+.bcra of •=oblet.cells •io tracheal .ucosa. The lunss showed several areas of , esphyseaa aad alveolar eollapse with consolidation. Dronchial passetes were clear in nearly all eases. , ~ This anisal was ae•oked longer thaa the others aad it appears that at 6-7 srooths of seokint at a rate of 4-6 eiprettes/day oay be sufficient to elicit ehantes !o the pulaowry tissues of the rabbic. ttobbit Sb. i. 7bia rabbit ssokad apprazioatedy 2 1/t t.oaths (vIASICn .tS n.a filter ei=s.f. Daath oct4rcud during esposure on April 30, 196d. ~:.'J,pproxlaatalp 70 eijs wctt piwe to this atlis&l: Cruteat awaber to otta dar teaa 2 dtldq dvtiug laat 30 dqa of tha axpnissst. There vaes arltbeva tusophstTmt. sed a'taaaeioa potolset sot.0su !s eba aual psaata. . : tadourdiai peteclttal awttalits lat itb ta liabls : w + ~ :.' U < , p p y v te~t t p • . M. wra prsaaot. , Oea k9ltlalr ras is a dlasuaE atate oi uep tia ~"'iK61t'?SS of the ortsa'searified aad tdsitralisaQ. lfaar broaebielas plop oet>.oata d i ladteetin of aaderate ii p i j. (taitaestet~ ea sj wta, ~ . oa ~odticardial 1.rtsbass rit ooatit*a0 ntesesMteallr. . ~ .. .. ,r . a it ~io~ 5..., Dis4 10,,,d,ar. a tas tlordesle , lkia sabbit vas e~cpesad elsisat...:' iE "it~e..i'to..tohsit._'.Yra.e paoke nocb bettes ebw ,.d li jLt eostit:al.. Pbseqa. . ;~ wat»~,oee ~os~t~ tidhtl ' . lbpiau astt. of Otavleat `-istiQat: riara foand blockLK the aatal paaaa.=a, post-eeiten autolyala ~+ vas too odvaocsd to allnr proper otnlttatios of etber orjaas. . . . 1 ~ Rabbit ><o. 6. This aai.al ss,oked 1ra.os for approzisrtsly 6 srootlu. LtQtI1 at, 251 "taA.a" vu jian. Tbs tabbit tolerated bravos .ary well. ~.r. Rate of sr,posuz, vu iatrwad as with otbar aroOeL. ?laiaum rata was S cits/ dq. Sba anf"l vas fouad dead ia its cage ea tsep. 16, 19,68. llecropsy te.ealed •erp .d.aoeed oepbritia and peleoaaty eos=astlos. Guse of deatb vas probably orestie poisoning dus to k3doey diaeaaa. ' OISCCSSI01tt tk: Setsral dacisiona based oe tbesa rabbtti ver. asde regarding future aeokiat experis,ents. Ths usa of a psrsafsatt twal eomula was abandoned ainee this invariably caused a severs pttntleot thtaltls vitb pneu.eaic aequslas. The value of LLt: tecordin=s was questionable and this to to be eliafnated froe chronic experteents plaeoed itt the near future. The aeed -'rolr'txCTlcordtnts-lally.vaa.twt,eecessary. It vu decided to use only periodic recordinis thereby r.ot requirlnt pernsnent thoracic elertrodes. Carotid canaulas proved very unsatisfaetory la.the rabbit. !he uae of saaller srteiA*s for periodic tespotary direct blood pressure readfnRs is ssore•practical. A aeed for tteattatet devices to definitely present.•
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C.noral a 71" Spot' ret.ark ranstnet ~a T.V. ! auLteei 9t ebinp 1T. Co. 2.8 -3e16 1,0 .taS$ 6.6 wd~ a& i 1.2 •31% 2.5 • 631: 7.0 .tS% LAN 3.t •3% 3.0 •3606 6.1 •etli Ler. 3.2 - s% t 3.1 -+,e~ 6.8 . uc . Py 1.2 -33% • t.6 -40 6.6 .z4i 1r1 3.0 .14t 0 •34 10.4. -1Wc • In apot T.v. bllltnp tor ths ieean6 quarter of 19@., ltmolae .ai 9th hiahot ip•Mw sn thi U.S. aa6,t.T. Co.1stb. lt7oo16i ii eattwte6 ta bi currently ipea6tae en Teepa (ail tersi of ae..rctitna) at a rate ot about E79 auuoa per 7etr. C7T as LrSoraid by the Ab.atitty IWa6ar of P.etrtt :apsino (1Er. &L Tilt) that :b. Valkor hai 6Loonttoue6 teai at.artiitn6, partfeaLrly Sa aaptinu, toe Pall Ba11. This i+i preneably b..n to otteet the Men.e ot laeQehub oarltm. aalii .r Pall ral hae aopPea ard Carlton hat not taktn on. ttr, falkai .u no• trylni to 6et back Pall lall'a franchises for the beat tpaeo, but these bid altiady boen sold to b!. Co'a eo:pttttort, 1Urer'Uirr Ifie-..en an T.t'.. erd-S.et. 7e61 Ca:.l •Ca.ol ttee is plwure tiee for 7ou• rk `The charcoal tlltr dparett. with tbe natural tute ot tobacco. 711teri6 throupti eharcaal . panulu tortiritl tar tL.eur.•. ~ Luek. StzlY.e •Art you tar a filter and a rleh tlatma tool - a Le6leal Yn.c la L & IP _ Rith pirli sEo are bie en tuto .othlee aan¢u up to a Luep.• Gat1=e a.•. 'tEo lL.our brind. :~ Cot noothaui through the ` ~" y u1.etL.e ttlta.• 'Gatt the rare OoteNWt tNreoal filter tie10t1t111.-
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. ta na7 aass, leetuse of eecess it hes te te pre.od that the partieular plaiatitt's 1onP ahneer (: othsr dtsoue) .ns due to usldn{. phile . predous ttediats m this poiat .n a ppehololital advantage to the pldatitt, they ate sat a lepl preeettnt. - _ 'It is iapusills to {oses t4t tte Uaaps .au16 N it A.S. Co. lue the aaes. !ks laandu on tien .u any prseeal, oasctentl anl irrsleraat . . taators in the ypsal to the Jmt. Thsa preuel q w, ae laqer {usssea /t20,000 a:A another jZ30.000.' . . . . itre at the other asaM pae" han oausoal .ariatisu. A.L Hae . .d Ilew Tork has aeeasLL pktlip Ifertis attlteat6 of aapreee and iqlleb • .. Ith hunt teli os that the lstena d the Pritehart eue in Plttsturah, Lne1.Lg tre trlW,hai eest Lipstt A Ibsre osr f1,000,000. !ke Plsistitt Sa the LartiPue eut spiast LlPiett A "e snl Li. R4nelds -.. 1a Xen Otleans has aekst le.nte appsal. . It 1e, at aeies., the Praetiu at the letodLmA eompenies to retaia prints a{ats te lawatiaats the private litss anl DaekQom6s of the pl.letifts. Mr. 4aa seds the latrs.tinP point that quite a nuabe et platatitts ese aleakolles. The esteat te'ehiob lis AaasN W' •ttset ~ setabelisa et eareise9ms 94 an iaditidual's lieMlib to detslep 1ons cancer has not tun.tudie/, but aese eniael spqLeats_ b>• Aotin A Palk. sorarst that it W be worth iarestitatins. . d j10,000.eWd take it ant d the Jeisdittien at the State Cai¢te .. . inte the Psderal Cowrts. • . . • 7ke pLiatitt, ka.erer, op srli aet s•oeeeo6 in statieA ttttltiest. sawes • at .etim sµiast E. & L asl C'0. Lntillard kin a aue apihst tks Se . Yiehiass !a .hieh the pldati[t js elsiaiap Wapa d/l,999. A elais : atts.eb sd u{lipna, ad apaseL Et11 A inerltw ad C'II et-oessPitaqr. . t'istt of O.[.rth..rrer to the Crem tnre . Yr. Jacob av{Cested that S.I.C. aight tia6 it RerthrhAe to ssn6 aa . observer to attend ths 6reen wo. Bo thought that in eeneequmes of the aarro.isP et the issu.-te the rtasonatle titaus of the predoet - i.e. shanld the prot•ot aot kan lesn pot a the serket-. tks tswe eau alosrr to the iuus at aqiipwe likolt to U Lpertant Snaip AAlish ease. U , seo no otJeatiea te Ilr. iseoD's propesal 1ot we ere aet ia a psitioc to :dp the relsraau at ths Cr.ea ssse te pesslkle las saite ta tAe O.L - fnrtmeee at the Laefera ' L wssqtwnu d, the itpettanu at the Sanuttej the stitpat.r L the saskiap ad kulth sitoatiee adsoMSW tnts dtk the laqtrs, saa wr" prtitn1ar11 with of Poliq Consittee et lsrya.: Ske atiNn st.. `..: t
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His reply: From the governmentl The govern- ment man tried to justify it. He took some ar- bitrary percentages of the annual deaths from various ailments, including several which were not even•claimed by the Surgeon General to be causally related to smokingl Later, the Surgeon General himself undertook to expiain the 300,000 figure. He did this by: 1. Taking as his basis the unsupported estimate above. 2. Adding to It another unsupported 102,000 deaths-"from diseases where the relation- ship to cigarette smoking, while not so ob- vious, Is nevertheless clearly indicated." 3. Adding to this another unsupported but "rea- sonable estimate" of 60,000 excess deaths for smoking women, who had not been in- cluded in the earlier estimates. Nobody took the trouble to expose this silly game, or to point out that the "authorities" considered nothing but smoking in comparing the longevity of one group of persons with an- other. But scientists, quietly studying twins, made a significant contribution. Let us see what happens, they reasoned, to people with Identical genetics and different smoking habits. What Scientists Found By 1970 there appeared a study of Swedish identical twin pairs with differing smoking habits, including cases where one twin didn't smoke at all. There was no association between smok- ing and higher overall mortality. Later similar findings were reported among Danish twins. But tobacco's foes still repeat that number, 300,000. A simple, rounded, large, Impressive-and mean i ngiess-statistic. .l ' • What about those "100,000 doctors" who have quit smoking? A government bureau coined the slogan, "Maybe they know something you don't." This is supposed to scare us, too. Well, that figure came from a government- sponsored mail survey of 5,000 doctors. After several follows-ups, Including phone calls, the survey people heard from only a third of their sample 5,000 and of those a third said they were ex-smokers. So the government people multi- plied the whole U.S. doctor population (about 300,000) by one-third, and claimed 100,000 had quit smoking! The Truth Comes Out Don't blame yourself if you can't follow this. It makes no sense. The "survey" itself was never pubiished. A disillusioned government agency spokesman recently confided: "We never did finish it. There were too many errors in it, so many errors that we couldn't do a thing with it. Every time you turned a page there was an error.... It was a waste of money, but, what I object to more, it was a waste of time." No matter. The 100,000 number, so carefully manufactured, no doubt will endure! What about the third canard-the so-called "smoker's lung"? Can a doctor really look at lung tissue and tell whether it came from a smoker? Not long ago, a president of the Amer- ican Cancer Society testified before Congress that this is possible. Well, said an expert to the same Congressional committee, "I would estimate that of 1,000 pathol- ogists in this country 996 would say, 'I could not tell,' and the other two would say, 'I could tell,' and that those two who could tell either had 7 6
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S Smoking-Health Statistics Statistics are said to show that among the 60 million Americans who are smokers, some may fall victim sooner or in greater number than other people to three major types of ailments- cancer, diseases of the heart and circulatory system, and thb pulmonary illnesses, emphysema and chronic bronchitis. These happen to be our greatest medical problems, coming to the forefront as the major infectious diseases of the past were "conquered" through scientific research. There have been other coincidental trends, among them the growth in popularity of cigarettes. Scientists call these heart and lung problems "degenerative" ailments, for they seem to de- velop very slowly, through some kind of distor- tion or breakdown of body mechanisms. Though each illness is very different, all three-and more-are blamed by some sources primarily on one factor, cigarettes. Laboratory Work We hear about laboratory "proof" that smok- ing causes cancer. Mice have been painted, hamsters swabbed and rats injected with "tars" condensed from tobacco smoke in laboratories but not found in the smoke itself. Rabbits have been fed nicotine. Dogs have been forced to "smoke" through holes cut in their windpipes. Subsequent "changes" in various cells of these animals have been cited as evidence that cig- arettes cause disease, though production with smoke of human-type lung cancer-or heart disease or emphysema-has never been verified in laboratory experiments. I • It is no wonder that an American Cancer So- ciety official has said that "a clever enough researcher can make almost anything induce cancer in animals, but his findings may have no relevance to human exposure." Somehow it's possible, the argument goes, that direct exposure to tobacco smoke can damage cells in the respiratory tract. The human heart is not exposed to smoke, and so there is even greater guessing about how it might be affected. The Problems of Guesswork Simply blaming cigarettes for heart disease doesn't help. In some countries not even sta- tistics fit that notion. The government's National Heart and Lung Institute points out that we've learned so much about how to treat heart ail- ments that we overlook how little we know about their causes. "We tend to obscure our ignorahce," the Institute says, "by making it seem that a problem has been solved when it has, in fact, been only half solved." Emphysema, which makes breathing difficult, is a kind of lung damage typically found in older persons. Doctors ponder whether, among other things, It might be caused by inhaling some substance or whether it might result from some blood circulation difficulty. In any event, and despite speculation that smoking has something to do with it, the official view of the govornment institute responsible for lung research remains candid: "We do not know the cause of pul- monary emphysema, how to stop its progress even if detected early, or how to prevent heart disease caused by emphysema." 2 3
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i • Needed: Objective Research It is human nature to want to assume some things we don't really know. Certainly that has been the case among many people who have had something to say about smoking and health. But that is not the spirit of science. True scientists make assumptions only for the pur- pose of testing them, proving or disproving them. In that spirit, notwithstanding the easy an- swers some people claim to have, scientists throughout the world continue to seek the truth about smoking. Both the U.S. government and the U.S. tobacco industry are probably the largest sponsors of such research. Over two decades, since the beginning of their joint program, our tobacco companies and grow- ers have committed some $50 million to help independent scientists and research Institutions who are seeking the truth. In many years, their commitment has ex- ceeded the government's. And there are "no strings," no industry con- trol. Every research grantee is encouraged to publish his results in the scientific literature. Since 1954, the Council for Tobacco Research, guided by its independent and expert Scientific Advisory Board, has awarded about 500 grants and contracts totaling almost $30 million to 221 medical schools, hospitals and other research institutions in the U.S. and five other nations. In a ten-year program begun in 1964, some $15 million in tobacco industry funds, adminis- tered by the Education and Research Founda- tion of the American Medical Association, sup- ported 222 smoking and health research projects in 87 institutions. More recently, there have been three addi- tional, major projects sponsored by the industry. 12 I . In 1971, Washington University at St. Louis announced a $2 million tobacco industry grant for the study of immunologic factors in cancer. In 1972, Harvard Medical School received a $2.8 million tobacco grant for a major investiga- tion of pulmonary and cardiovascular diseases. In 1974, the University of California at Los Angeles was given a $1.7 million industry grant for research on lung defense mechanisms and early detection and treatment of cancer. Elusive Answers Throughout these years, answers have been slow in coming, and paradoxically, theories about causes of Illness have broadened as a result of research sponsored by many different sources. Heredity. Stress. Behavior. Air pollution. Viruses. Occupational hazards. Immunology. Things we eat. Things we drink. These and more, as well as the hypothesis that tobacco is at fault, occupy the Intirests of inquisitive scientists today. As one of the world's leading scientific jour- nals, Nature, said In a very recent editorial: "It is the mark of the successful scientist that he has rich enough an imagination to look for ... alternative hypotheses, particularly when the conventional one is popular." 13
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Mr. 8atske alda aaid that the A•T.Co. did not do along .lth .~ eaqori.eeto that the tl•i• D.parteent dAgrievlturt w propesinl that . aSght Lead ta aWtted dprettea• ,, ._. . - , . Thro .u sae dittaruce et eyialon uedp tho laqart u to .kathar dut Tu .u doina is llrasw nsearch e.ull aetuallP be tntrcdwod Sa ' eeidmee Ln a saso adinat a D•0. .anutaatuser, ondes D.f. roles about - aridonee. . ' Ih•. Wsuli (Lrillard) said it .euld halp eenoidoeaty to dtset the l.p1iK adniuion ta.ei.ol Se TdC's kite+asaY yroR•+as it Tlo dae •. auqyarted ao.o resotrek preleats lesiped td ses.a tho kuia qwstient . •~ 'reos notelal eacse lanP saasar ' • ' .. To put theae eo.ents os Tle's ioseareh preaa.r into Parsyoeti.a, • it okeuld be ddad that narP eat d the six oata U.t. eigwtte ww- • tactorors hu Daea accu.ed y his eeayetitera of aakiel i.plied a6.isoteu _ anq/er implied h.alth cLiu. ld.ertiseeents y y 1 t for Life aiprattes, an ito re-inteeduttien as a lae tar and lew hieetiea eiprette 3ise years a{a, .we aa implied adtUsien• More reeeatly, Leeillard issued a press • release that Rent'a reduoel phonols reduced the aAiutatie dteot of oiprette tuko. A.T.Co. ha.o uta implied a4itsieu ad ioplied health ~ aleias by , pvklishtnd tar aed aicotiu tiduoes an the padwts d Carltu i t ud YmtdLir. Itr. Cull.an had quettd to Philip MoMt atselmeMera the ' ' kendidal dtseta of udktas deteribad ia the 66AC report, Latind ' uneetaie hae tar he accepted the rest d the•npert. Ligptt ! Ipwa _ are eouilered to have aade i.plied adaiasiooe aad health clai.s for •. Lark ik thr paper in The Re. Uelrnd Jeurnel of Y.dieine by P~ler snd Sttista, wl"the suhdoqumt local puhlitity end ean.usinp eaeraipu to . . , irploit the st.tea.nt stout Lark o.de by Dr. fleser at the Preas eodereece an the aurPon Gnea1's report. leynolds ae-ulled •aisclaieer• on Teape packets ia reprded u a major health eLia ky Itr. Crdaer, Yr. Darriadton ond othera. The ddsiatstrstarr at.the Cifartto ddeertiaUg Cede We eritieised this disclaimer to ut. lndeed,'da Ytr: Yei:ui pvt it, a disclaimer eamet Parp a dei.. Le usderdtud that all aeahtra of the Paliq Ce.aittNe '.hieh Preyared the Ciprette Ad.ertirind Coda tare disaatistied with the . prerisien akeot health diselaieers ia the Cada but it eas the Nat they ~ , could dd. Yr• yonaa Oray teld us that, is addition to his teayetitere, . - sao d his on colleagues had objoeted to the disolaias m the Teape paekM. Li6datt a Ib'es hae. alse eontraetel olth d•D• Little ta,tho Past to .: carr>•eut aeute .kin Palstind eaperi.eats, aad pio-lea.areh Ine. hs.e arrlel ~;wA a oiiSir type of owartseatt for The Cmeeil for Telasw LSseareh - D. S.A. Ilr: loe.ne Grq eaa reported ao haeinp said that it a cigarette uoke ,' L .. . . . . . •eeuM he•le.eleped eheao eendaaate did not wuaeakia eane.r in des, 1oYnolla ..1 ~.edd adeOt it: Dr.llaeh aail the s..e, thoupb Mr. Yetau ewda.ad doubts.
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T.i Lrl1. CI ^R CT•.;-AF"_'S :AU•'. !H 0.1.A. The latoet llaa.all raport ostisatod the sharas of tha U.S. elsaretto trado for the first halt of 1966 aa follon, a ka J- e.d. Raytwlds- t ' X Anorleta lobaaca Co. 25 lrem a v111lamoa 11 L1Liett & -~'ers . 10 P. -lorillard 10 Ph111p Yerrls 10 U.S. iebacco Co. ) lares A Dro. ) 0.3 Stephaeo Dros. ) :~ iiitae - een-CCnthol, non-chsseeal • . - aantnel - eharcoal -27- 10o Aeeordtnj to tna Tassall riyert,D 6 7rera Lho only fira .eo had tncoased their share ef t6e eariat in the last six aanths. Roal eoota•.n:ei nera conthol than W athor ciµ utte, ard Sela's, a 11jSt eaathol aSdarette by'D & II, *ere tho fastaat-Rovir,a ctprattos on the aarket. On the othar haaS, Dr. 7sIIohas (7"j) to16 us thst Philii Ya'rin F+d r0cmtlJ eraPt into , fa¢th P:aos ard .ce •So1nS aftc• D & 0. A11 raavCaeturera aaccd that the lo.e1 et the otzarette trade eae such hi1hrr at this ttna, about nine autha after Publinttoo at the SWC ,rcPort, than thq had erpoctad. It caa ercttat.d Sanarally that aalas eue eer-ently abaat 3X dom ceqared vlth the u.a Pmiad of 1966 (or ebout 39 ~ .don eeaWol alth feraeasts oe the baais of populat6en tnaease) aad that _ aa1,a >.ealdbe about baet to Pre-SOAO rePaR le.ol by the ani af the yesr. . Phe trsdo .as currently dlvlde6 bowaea the dlfferent types of etwattu . . . .. ~ ~ as fallaou . 17
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• eACC IN . .. . Yr. Orarta'r. Allte ' IG~.-Pd. D.Aart . Mr. J. sruo . _KaS. ! APOET.SOA IlC., NLC 10AR . Mr. John V. Hl11 -. Mr. lart Dosa Dr. l. f. Darm. , . Dr. Carl M.psoe ' . AASIDNAC IxSTITDRS Dr tQ:.ALTA . -National Cancor Inatituto Dr. P. [atL Dr. '.Gt. Aasnstol • DAtIDNAL FR.VC IxlTITIA'6 . . . Dr. V. J: Zu)tol- . Ni. d:rrj If: Curnrisld 4TA~Jf-AZfrL9L7C IF'STI:VP: Dr. Psnoat L. Dyedar Dr. Diotrich Aoffeuw Dr. I1ts Ibttnaa Dr. PatcAett ' Aaweiato Director ef Pt.ld Stvdits ~ CAid, Sioattrr SrancA , , Maociato Director of Collab.orati.o Studiu Aetiad Chief, Aieostrio. lu.anh Sranch N.ad, S.ction of SPidaololop Chcaiat Chc.ist ' St.tistieian AMZAICfx crxClA SOCi.STT Dr.A.c.ea....d Director, Statiatieal Ae.oarcA sottion, M.Sioal Affaira Dept. "LIRLADoZPFQA PLRMNNI! DD)PLASY R•SI.AACN PADJICT Dr. Dy. 4.iss . Director, P.P.N.A.P. YAlO CLIIlIC. ADCr!ffiTLA. MIN~t. - Dr. Jeo lortwn Pomorly Chiot, Division ot Sioo.tq :od Ycdttal S{atLSica AI6-Ar3LAAClt nf7rIN2. lOSTOR " Dr. Peter lomfald . Tico-pr.aidmt
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lli • , It .111 b. neallad that m JaeuW 1dth, 1961, the pederal arade Co..iwim Suvad a propasol at d 1lado tepSatim 2ulu as tellaasI '. Lg1U L.eq OipraNo adtertismmt and paak, bas, Cartm or . . oNer eeatatnr ta esrrJ' a.araim; sooh u'Cwtiou alprette s.okla~ is duyrouM ta hedth. St W uwo . d.ath trm awr ad othr, diseaMe.• i lpl, j lse m as d erlaie thoua ia aa.erti.moata. ' NAo S 2tatmmte u ta Sumtitp d mp alprette ameke SoReiimta •' _• peohibitel it set earltiad in aeeerdaaae .itk a praoHrro appra.od by tha p.T.C. . , • ' ' m Jm. 22sd, 196E, tht p.T.C. diraoted that the +aesiad on paekets, '. ate., abmld bnmo dtaaEite m Janwry tat, 1965, (latr ehmpd to JulT tet, 1965) aad the .arniag in ad.rtiesamta an July 1et,1965. The : p.T.C. dnppd tules 2 sed 3 Is tier of the laduatq's anawaiaed SaNn- . tim ts dras up its a.m Cipr.tta Mtertiatod Code but statad that thq . ' reuld pteb to a.e it tha Cea" opvatad etfaatiqly. The danprs to the - iedastry in the pretest sitatim arrt sot ealy tke ds.sap that the varnlap .i11 de to tnde - ud the ad.rtisind .arnlns is likely to sake spot TY .'ad.ertis.uats ispassible - bvt the dandae that States and e.m aveid- palitia tiil start prsseeibiod their o.n earnindt. Abmt 20 atatas are . a:paetel to pus their on L.a m the subieet, if tru %e ds so, and the .Cemiuimr ot Nealth tr Nn 7ork Etata• (Nr..Jasu) bs already b.m . aditatiy tr Ne+ 7rk to require all atprstta packets urketsd ia ths ltaq to b..a a aku11 an6 aonbenar prlatad m them. Ta pnmt thia abaea, the any hepe tr the tobatae laduatr7 la, as . lwtr Caepr snd all Co"uq pruid.nts intr.ad w, for Conpas to pus a bill rysitind paakets to be laDalled .itb a toraula derided by Coaa.u . ' and pre-aqti4 ladeLtioa by atates or avaieipauttes. In erdar to pro- . pOt lariaLlim y othrs, the Ast paseed y Cmpus has ap.eitisallT to : torqd lods].tim en the sabJeat by up other 1eStalatore. If anether '. lapidatsa teaL sattiaioaty strangly m the aubjeet, it ean iprore the pra-oqt4d alwsa,.sud thm it sould be up to the Mryran Cwrt to doaido -.hetkt thaableat ns ma ia.hiri Cmpas eeuld pre-.qt lesaLtim by ttatae. St ia paeral.lT expected, ho.e.m, that a pr.-saind elaua in ~. a Canpeuisaal det sold prove dteeti.e. . . •' ii,lLelp, tt .udap in ad.rtisennts an theoqil7 CmRais to be . .' annaoM>?, it souSd hpe to sy sa tpeeitiealV fa the det ead-also prohibit asraw ladalatim being pus.d by Statee. Cmpesa, heanr, in e.t liluh to de tMii it in being asked. lar or.aole: +ht ahanM the ... _ . . ~t: . . . .. . .
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LORTUARD yr: Horpa Cra.er , Hr. luno7 Iellea •Dr. Par.alee • . Hr. John iutseu 0ECIt. tD9I6Eflt. pCPSIIH & DtCHT1 Mr. ffi. J. Jatob Pretident - . Adnrtiein5 Direetar of lneueh, :Cenral Covatel of Derillud, partn.r ia perkLU, Dauiela . 1kCorack. t...7~r, ualatin5 Nreate or las eWts t CICAPPlrE ADVERTIEIHC CODL. IHC. Corermr bbert 5. Me7ner • Mr. Horrnan . Ad.inittrator II.S. S51tAT5 • S.Dator J. Funm Cooper AepuDlitan, Kentvek7 o AHIPICAH KFDICAD ASSDCIATICH ' Ikeeuti.. Star; o~s Dr. J. E. D1uin5uo Dneutiee VAa-pieailent 1w. C. C. Ldatdt Aeat. Director, Ditirou.mtal Medicine .%d kttieal Seieneea Division Dr l. I Hoia Dept. or Cooaunit7 H.alth & Director o °o .. . , $ a r Health Diaeation,. . A Dr. S. 5. Sehor Statittioian Dr. H. H. Nut.ey Scientific Aatiritiee Dieiaion Director --.-_-~---.Dr-4ohn Sallia--...---`----- , Aaat. Direotor-'---- •-- -... •--- ~ EEE< llr. 3. Aabell Director, Dept. of Int.mational Health Coe.ltteo for Aeteareh on Tobacco & Pcalth Dr. H. B. Saerera Chairnan Prof. Aieha:d J. SinC Anber Prof. paul Uraon • THE C001'CIL i0P TGEACCD P.!SPJ,PCH - D.S.A.' Mr. 2. F. Hartnett Dr. C. C.rSttlo Hr. r. !.. Hoyt Dr. 4 C. Hoekett Dr. J. Morrison PrWy D.Y. E. o'She. Hr. ien Awtia Scientific Adeieor7 So.rl m
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1 11 I
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• extent to which our genes may map our actual behavior and choice of lifestyle, and how these in turn may affect our relative well-being. Research, said a 1974 Congressional commit- tee report, "is making great strides with the dis- covery of genetic factors in the predisposition of people to fall victim to certain diseases." Lung cancer and heart disease were among those mentioned. The committee noted that recent research has shown, for example, that some persons produce in their bodies an enzyme whose activity is highly associated with lung cancer. One pathologist has said this could explain why there are people who "don't do anything that would be consid- ered conducive to cancer-and yet they develop cancer of the lung at age 50. There are others who smoke three packs a day ... and they die at 90 of something else." The Congressional panel said certain genes have been discovered to be present in some persons that cause blood disorders leading to heart attacks and may account for a fifth of ail attacks in persons under 60. Similarly, there's been a recent discovery that some people lack a biological factor which, when present, helps protect the lungs from emphysema. Whether this deficiency is more common among smokers isn't yet known. The Nonsmoker Some persons who believe smoking is harmful to the smoker have also jumped to the con- clusion that tobacco smoke harms the non- smoker. There has been considerable investiga- tion of the question-and here are some of the results: •  in California, the Public Utilities Commission was asked to ban smoking on buses. But after a hearing the Commission said, "there was no testimony that the average nonsmoker's health is impaired by exposure to the smoke pro- duced by a nearby smoker."  In Washington, D. C., the Civil Aeronautics Board was asked to ban smoking on airplanes. Instead, the Board formalized the airlines' ar- rangement to seat smokers and nonsmokers separately for their mutual comfort, citing a U.S. government study that concluded, "in- halation of the by-products from tobacco smoke generated as a result of passengers smoking aboard commercial aircraft does not represent a significant health hazard to non- smoking passengers."  In England, a medical committee appointed by that country's leading anti-smoking group, Action on Smoking and Health, concluded in 1973: "There is no evidence that other people's smoke is dangerous to healthy nonsmokers...... Scientists have conducted many experiments to measure any effects of smoke on nonsmokers. They've carefully analyzed the air of "smoke- filled rooms," looking for "pollutants," under ex- treme conditions rarely if ever found in a normal social situation. They've shown there is no valid evidence to Justify a claim that the health of non- smokers is harmed by smoking of others. Yet some persons would like government bodies to adopt new laws or regulations to curb our right to make our own personal decisions about smoking. In this case, the solution seems clear: Personal courtesy, thoughtfulness and tolerance by both smokers and nonsmokers; a few simple, volun- tary practices in special situations; and respect for individual freedom of choice. 11 10
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{ Tha Dopareaat ot dRiwltureADeaI Dr. C. saay) bad built a laboratory apiNh .as earryleg out ro,arah Sato eora ad othar treps aea Sa faatueky. It eas plaaeod to dvota aeaa apaee to tobacco but a start had not yat baa .Mo. rollo.lna the ffirpoe Daeral'a 74pact, Dr. oaaall haa et;erad to pladp the raweee, at the pninnit>• to the ,aokiy sad haslth prabla, laoludi" the faeSlitia of tba ehe.isty aad pbysiss departaaeta aed at a eer jt2} .nt.oa Ibdioal Catn, Sr poaaesa wau1d reet the Wl. The re,eareh .auli ee.e eveythtag from soed bad to a.eb. SaeludSo~ praduet resaaseb, aa aae odd bislaµoal aasy afatesa hava a1ra6T bsa prepared .bw the redical raealty tearda a solutieetd the prabla. Sn the .aaatiae, a ti6ht ter eantrd of the nsaarob propra.ae of the ]abenteq aaa et ,y pedarA aaq has davalopa6s I/f6aEStkT t. A saatia at the Deptr d Agripulture, with RodpasaYt, 6cadaaa aod poose, is tryin6 to coetrol.tba pro6ru.e at the Lexda6ton _ laboratery. , ~, 2. A Ro,p from the Aa,rieaa Caaetr Society - Davies, Auarbaeh, Relsa - ase arouod tbia partieular baaq pot, tryia6 to Snfluaee its attaira, thouqh Sa ehat praS,a direotlon 1, aat elaar. ;. .3s Dept. of H.L.Q., Lotructed by the Appropriations Caaittae to eo-eperate,haa aoainated Dr. iatin, eho is reluetaatly oba7laf aeb hoping that the eholo Raatuelq projeat eill told up. A. reported abo.e, bo believa that aaekioa and haalth . ruaareh is a.attor for 8.1.Q. sltao. 4. Iliyrii.utitl.aioftlwcipretti iaivtaetiaiii ittradodaa S. errpaisia6 ao,tini, rith thetr lu7or,, aa 6•7th October, to attar Dr. Danald their co-operation St the re,eareb was to be lisitad to the 4ueatlon .hether aaokina eaWad Sund aecar. Lt. 9oek.tt of CTd voa pretat at this Netioj, to adv7aa a the preQaaeo a the esore„ Savitatia of the Dovernor ot iontuelw, but Dr. Ltttlo Sotads that C'S akould not be Sn.olved in the iatuelw proJeet. 6. Dr. O,eald intoo4 that be aed he aleaa rill catrol the Tho odds aee tha after such ada the ae-callad Tobacco Ra,tarrh_ Lakoratorr at th. utdveralty ef %antuely elll aehieva tery little in the ~ . . raearsh pro6ra.ao. X field of researeh Sete tho loe6 eera activity et eiprette aeke. 9therD.S. RcaarU . • . Qo kaa that Dr. rynder is aistnd to produa a eiprotte ehou aoke _ lw dntxua loe6 lere activity, thoudh that is aot how ho eeuld daeribo ~ Aii objective. NSs raerseh, becover, is being earriod out without reprd . to the appul ef the rocultlad product to aekas.
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• Those who consider smoking a menace, rather than an enjoyment, have acted as prosecutors, trying to convince the public they have an air- tight case. 8ut isn't the "jury" entitled to some serious doubts?. For example:  Smoking cannot be the sole cause of any ill- ness, because in every case nonsmokers are afflicted too.  Research suggests that because a patient tells a doctor he smokes, he is more apt to be diag- nosed with an aliment "associated" in the familiar statistics with smoking.  Those statistics themselves are shaky. In cases of fatal illness, causes are verified by autopsy in only about one-fifth. As one expert says, "meaningful mortality statistics can be assembled only by analysis of postmortem observations, not by guesswork, no matter how educated the guesser."  At the same time that increases in lung cancer have been reported, new techniques and equipment have made it possible to identify more cases with certainty. Thus statistics can help suggest the incidence at any given time, but they are of doubtful value in telling us the incidence at one time compared with another, or what the real trend is.  Too many conflicting reports are ignored in the anti-smoking messages from "authorities." For instance, the American Heart Association warns about tobacco but doesn't remind us that in Japan, where the smoking rate is much higher among men than in the U.S., the heart disease death rate is far lower. Or that the U.S. rate has been falling for the past 15 years in the face of increasing smoking.  We are told that more people have begun smoking at younger ages, which suggests to some that ilinesses associated with smoking should appear sooner. Yet the peak age for I lung cancer stays right around 60 and, if anything, may be moving to older ages.  While women the world over have long since joined men In cigarette smoking, the lung cancer rate in men is inexplicably higher: • About a 5 to 1 ratio in the U.S., 2 to 1 in the Philippines, 16 to 1 In Finland, 15 to 1 In the Netheriands. ! Such observations, needless to say, do not exonerate cigarettes. Yet, drawing conclusions against cigarettes Is equally unjustified. Deceptive Propaganda 04 a•n/m (/a.nba•. ..) n. A l/la. or /bsurd /rury cr NTOf'. / 11C/I . . - -FUnl i W/yMu/ SI/n!/rd Encyclop/die DI<Ilan/ry Have you heard these canards? "300,000 people die each year because they smoked." "100,000 doctors have given up smoking." "Smokers have black lungs." Where do these ritually repeated claims come from? Take the "300,000 deaths" charge. One gov- ernment official said years ago that such an estimate would involve "making so many as- sumptions" that it might be "misleading." Yet, a year later, a former advertising execu- tive who just'doesn't like smoking announced that cigarettes cause 125,000 to 300,000 deaths a year. Another government official agreed, ciaiming smoking was responsible for at least 125,000 premature deaths a year. He acknowledged getting the figure from the advertising man. So the advertising man was asked in a Con- gressional hearing where he got his estimate. 5 4
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U the O.L, the prina aaed ia Par ebJeatt.aand eftaati*a neunh aad the noat iqartant tatter astun.l to MC's nsaaeeh Pelle7 that aenditians . ; alaahe. .ith Ya hadlsal aata11la1.aaV -- !. a: the Yintstq at eaaltt, ' . t . their aotim in.wklad aad haalth utters is the naeeasia .t neidunC . Lulltatin~ nertatlr tareel aa hL. Is II.t.L b ertrut, tha. . .:•~' ~Departwt e! llealt6, ~lsaatta. ad i.llarti baa ouYlau pablte states Sfa lYdlaal.Uaareh Ceaeail, the 1ava1 Callep bt Flpsiaima; U.lan af .. aadtaal dpLtbb, eta !aa paer at the .di:al establishaeat ia the Q.L ~.se.p.rtialarlt .aen !a the arilaat at W. Cecil iabkay nd tha .. , .:J .. ' -. thaa the 10atatq at lbdtb; the epl.al.N L O.I.L at.tht tladisal to say sa/ the LLL qpaan .en eaaaened .itd sdednanliap the fiwulal inta.ats af dastan tbteudh pelltleal labt7lag than eitb the deeter'i ' patiantai aad tben an husdrNe at thousands ef tobaeqb penn .hoaa • taWn votes stlantiliaSoasne the ataeaa ef sealdad and health iaioes . - zitt plitiaal aspeats. , SG n.p. saaataatann satiraW da sot dlsradard nedial ayisian, but tSis aylat® bu nlatiral) lus .aidht in wokiap aed health nattan than C.L natieal epiatea. luits Paedine . . ' . Oaw 30-35 lae aoits ha.e bea naiq neaatly, inelodtnd wee ahle3 ' • ha.e b.aa disriasd. Of thaa 3C-37, tS hns Utc filsd aiaae pnbliaattan .'' eaatlaaieaa ot ta lurdaoe Corr?l's idRisory Coaatttea-ud an prquM. 'anaane c.uril (tia. tbe att.al lwtsatee et aentt) ho .uh leu• '. paer sn6 staedtdp tban an s ioabar at daatar: nhe dissent fna tb. ~ at the B.C.LC. report.. iqaoldalare been aenedrith 9 wita iaa aoathat _-'--- -° LT. Ca _hna bad abwt the sw._Sh. fhWn at tM laa aoits.lar;ey dopeads m the outaoae of the Gw eus, the n-haariad of .htsh is dna to start ia norida en 9th tlosbn sad ahich re discuss belo.. . . the easas pnAiK an utW bued an loep aaneer, thmo than an • aor en eun ia abioh the platatltt bu uplpsoaa. tapysaa aad haort disease euas aoold baeea nana ttaa laad eanaeri-tor ane thing tb.~ an ~ son aan:an, .ed for lmther the plaintiff deu not dle aa saw, aiia death of the platatift linlta the udma 3aaaps L saao states. Urlllarl had , .~ a aue against thea in IIllmia, aWn the andaa daayn ter'eenaiaal ualaeNl death sn /30,CC0. 1Aaa the plaintiff Sn this eua dtad and the laqar tilaneiy lt aa ahat the aqsass nn likalj te,be, be dnppad , the aYe., . . . . .. . !he first eua du te aew ap ia a esso .plask LertllsH fa`. .: . IIisdeaip'i bat it sa lilWr to be patpaM. !ha elrsi .yor p.n,.S]1 . tbanfon be the n-beaiad at the dnea sasa aptnst LS.Co. ia lRaai, ' - :. Caart !a aae eartaia lnastiau to the im u6 these, tith th.'.adieta', .. , .' the erlsleal hearinp et the ew ia narlda, the Jodp a the Dlstelat:. ;, Ea!s iVnp.dad tpr.ll tbe lnyas adth Qaat sariqWU.. , la- 1larida. . . ~~.._ , • . ... . ... ''E ... -. . . .. '~ . . .... e
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aldearatd by twtiad, hos th•4 W ba nauttd, the Partitulae . eleant ar alraats In aaeka fh.t yy be the eauaal ar alCtwa- tia8 asaot tad ssthods tor the oltateatito el sueh tdeet•. . apprepriate dieidm ot the Dspartamt ot 8.L•.., ns prepartd to undar- --"' ----' - tab researeh with a rier to diafaarial the, lenl tra activity ot _, • cigarette saok.. lut he added that - . ' tie pbna •aaa csthada tar the alialsatia at tuah admt• had aot besa iaatuled is the dratt Charn Preparad by the {ard et t~atees hut rae addad 17 the leltreaae Cardttee. alidaatim at aueY apat.• tadeea, Dr. lesraa eeaaidors that hu Ceatlttee ahml{ eet aaDart nsearah ia fields in ohieh tebaoea onutaeturtn ha.e Reatq eeapetesa, such at the eoutitutate•d cidarette saeke, bae to ' aodtly thes, ha th trat tobatao le the tiald ar factory. to 4te, the _ AMA has aot speed to aupport ep research pro)oat in the tmem tield, hut this is b.auts tAs UTA Caaaittoe has aot reaeirsdd ay apPlitatia that it ooaaidaro3 rorth npportinp prababy o.Ly to the .aluas et luadt elrsaqP antlabls le D.AI. for eaueo research. VAatera ths /eats ot Delegates ayy hare resolred, the AM Ss sot tupportial research slaed direttlt to ' result ia eipsettes with Lat laf t.ra aetiHty. • tr. lLatapa (taeautis t'ta t!aldat ot the d1fA) sad Dr. Stertn (Chdrsaa at the Comittea lm laaeeh m te6aa ad gealth) eblett to the doalstm tMt tha A14 thaul6 earry ast a taM tor •sothoda ta the r Nattatl Ctnar Inatttute Dr. totfa Satenod ua that the 1/atiooal Caaeer Inatitute, at ths ; 1, N.C,I. .ould not be ruahtd lato early action. thp anuld nat ties, for eraaplo, first to easSder the rteeauodatiooa for tuturo research sade fivl-ee.ittes that bad rsoenty risSttd Aeepa, ieeludind TiC. 2. 'tbsir proaaaaa eoeld lera part ot a tosprtheai.a Proparao . by s.iI. that .ould Sntlude ents•esot3al eduatia as wll u research. It wuld be a laal ten aalti-siilim drllar proptms. ptodt sevSd hato to bo Statirioa (aa that other poraroasat pePartaeata seuld aet approPriatt aay d tha). 5. Stata labtratorla .euld haee no pLte In ths prodraro • proJtots /lannod Sn this tiuld, The Nattaul Centar Iustitato doa aet' 1Mti1_the tiu is ripo ter this lreQs.ae to de taerard, Dr. Iatie la restlaind eleot a+ Ltr aa poasiblo lrea research !a the field ef lead tara aetirity ot eigfratte aok.. Indeed, be neaty ealled ott seu H ~ _,~
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neVe 6rT'w.cY. / o 1 GLC PYU~LldVrPs tvr Ncv~,h/ 4 p~r.sP~.a~j p~dg 1-6Q - 3-G ~j s ~ (~ess b {CLC b'S1ey rsJ lU~ ~~1 /~p d s, P1o, fb~l, y, ~s 1 ~ ecu»?,e r..n,~1r'nr .+n~'rs~s fec~a.i~t~e t-n?Y-or+r.th 1-A OYJeI' jG h55157 1/Y Cowcc~ , •REVIEW The results of the plan and review sessions will be tbe primary basis'for your career progress assessment during your first five years of employment.
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A-PLAr "/ .. . - ~1 UGG1 ' B-REVIEW r~ !f The results of the plan and review sessions will be the primary basis for your career progrese assessment during your first five years of employment.
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12
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% ~ t seu bio1odtsal sn a t b d' ba Jolo l All th t li ..• blslepaal nseareb Sa hia en labentar7, the prastioe ia to aaatreat aat • thL .wk. me fellnlnp arwga.aate an Hliend to han lwn uN.s • lhlia a ta.ark sWo te w fapliod that er aaeataatonr sdRbt ba Mly seaa bsllena that ReJaolda .ut be deing sas. ras eay pasitire ar!lanea ' aboat thia is a atat«tat by fyedar to 02 that RqheLs nse Ruts1L for bieleiisal •sooareh, but lplar aan tntosMy nt aueh thinia arad. ' . . . • setually lno*a ef aqy weh rttsarra by RaynolU, but it ia {enernl>f- ; d aC iv a n o a a . . s .aae s.e nssareh innLties to thsir o.n products. It sast ba a4dsd that aa en Ansrssaa'1'ebueo Co. Dr. Lanea (Ydleal Rahool of tfrpista). LL d h I e t L . ~ e eop e ; a n p* ~ Yeerla 7044 A prad Reao .,, and anethsr fira. , ..... LipRett a ypn ' A.D. Little W., Reaten ~ . . . . . .. .:e-~. - ~ . ..,..Y ' . LerllLed RiorRssanb Im., luten, aad . Dr. Da]ha.a (2taaqiiln).' } Dr. VjnAar alse infaraod CR that the Sneur xossaroh 7aael.tien ssa ' ' doln bialogiaal ns.areh for seai aidvatta aam,taetuitr. ' Tba buie petnt Ss, bos.er, that the blolepoal nsearah,-araapt , posaiby far,wae *orh by A.D. Littla Co. fer L & It,Ss ahert-tsn and bst ' eanesr ronanh, primarily for the lsµl nasent nsntianod aben; T!a , 'r short tara blelepoal nnarah is Assipud to pndaaa a snake that - '. ' ' `r'k . . . . . . 1. hu nlatus rupaosa la a ttst (s.d. for eilfaatult) that su bo nlatad So sas theoretical ap te a haw naatiaa to . , ' neland titheut aatually ianldnt sanasr. ' . . thought it ipeetsnt to lasp the aleotino op. Kr. 1Tallar, In Carltoe, had telland far. tpWer'a Sdsa of a Iao tar, lor nleNLn elprette. Dr. Ne..re'. iefaraod us that W hd spseitieally teld Dr. Dsvsr, Dlnater et Rsssanh . et AS. Co., that St .u i.partant to Lsp up the nieetlao oant$snt'at ths anahe,'.hila s.daeiag up•thtn{ that eeght to N redvead:'. Dr. Rtertra~ .. . neennaedatian no that A.l. Do. abeald ad6 aSsetleo to the eut tebaaa and • tham ndoet bath afaNlr aM tar bp tlltar and ponos paper. uin Carltsn. :_ Dr. ttahtW ltserlbad philip Morris' ablsetinaa a'hiRb tLnar/len telltaw •. Dasiealy, thontan, the seareh is for a successor to Lark. Shs dlftsnat Capanies have aiffennt idsas u te' the bnad eharaot.r- - Lties of the saaaauar to Lark that thq aee neldn. Mr. Ifarrinaten thought that the fla.oar at LsHC had basn an important taetor Sn Sts sueean, h. eai6 that 7.rt aLe had rslatiny ht2h tar wd aiaatine emtsat, aad ha -2- that .ill aarr7 aedieaLer soientifia seppen.tsoa pri.ate._-_-._ Sndisidoals (a.d. pirser, RaeNlar) in a tc1 that oan bs . asalaitsd to buld salss. , . .
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• FIVE-YEAR CAREER DEVELOPMENT PLAN EAiPLOYEE PLAN AND REVIEW SUMMARY NAME: JC Si?y7~1 r ,~LM~lQ~:NClZ / POSITION: I~CM%S -1 DEPARTMENT: \-N•tD1 Ctal 1) 1 UcS soN REVIEW PERIOD: -i l! t.T4 TO: ')1IrO This summary sheet is provided for your personal use to record your goals for the review period and to keep pace with the results of your efforts towards meeting them. In addition, at the end of the review period, it will help you summarize the total effect of your performance. For further discussion of how you might use this summary, please refer to the back page. A-PLAN GOALS List the key results you are to obtain and the criteria by which your performance will be measured. To be effective, these goals should in^.lude target dates and be quantitatively stated whenever possible. { GjC r.:C :., 1 . i s-rGf' usGl*ev °t 52 ~~r ot' itE l•V:~ Prrcc^}ur6 -ror c ?r ; •.1C: B-REVIEW RESULTS State the specific results you achieved for each - goal and be prepared to discuss your performance with your supervisor and senior manager during the review session. : M4l y l~ /9r y, ~~~ Iln~rh~` t~f,rd'7K[) . ~,~isSPCl~or;5 RAI, I-GY 7-69 for nll bicjr,qI'CA ! proyrn-"n 9 ~~ J/evebp~e77or ~~~yl L~~~syt tCc hw;~Ve-s y•6~r s-cy '~? Devefov-r.ri:j af ?[ e pyVrJVFef .1 ~- I ~or fw,,eywel f PiaePL,jrp,d5 )-EY 3-Ly (Continued on back page) RJR FORM 2731 REV.77/6!
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e by the jur7, a.re: .1. Did Crem hare l,y esaeorT - Yoo 2• Did Sw.< wum tswo Crsm's deottd - Yes -). lu irem'e Sm2 eYea• eausK bp the s.ekSad d LueiS strike Ciprettest - Yes 1, ; Ceold the nmCaetorer, at the tis it sold tbe • aiprettss tRieb Crom srkod, bwa kesn by the twraiss at r.umsble aMll •md ttrselot that ' its Sut]W Strike elpraatea aL{4t owe smsv - tfe. •.. Tha platatitt readted as dtnps aed; appoolM m the awed that the ' aeewr to Vdttim (i) soot .et to attest bSs riot mdn a lar ot Iiorida • . to rseetor 4sqes. fa omoidetla2 tM.qpoal, the Appeal Cost put a . `uutim to the 2wprme Cawt d pltidi, u aeutd be dmo sadn pletlda lt., asMa~ ttr aa iateepretatim d s lao at liarid4 abeat the i.plied omdirim et aroeds urketed in lleMda. The Ylorids dupr.ae Court ps . Y D/inioa u retue.ted but in ettset said at the sa.e tiro that the : . dppesl Com•t had~4~asl.d thsn the aml `uesttoe. The Appesl Cnst hu . • ardced a rs.tewi by the Distritt Caoet of the `uostim m3Y d A.T. Co.'s '. I lisbrilty tor dsups, to in riee d ths empiiutims of tho situation, m laqtr lmors the pneise .erdte2 ot tbe qwstim that has te le re-tritd. I ' 1tr. T.s (a.7.2.) rspests the Jay to bs asked dutWe the siqrattea see `rmamablT fit end.holasme'• ter their Satea6od u.e, aed a basic em- I ' sldeeatim in detaalairu this is likely to be the proportim of suk.rs i .he drrelop loog tmeor. St ia .La felt that m ar,,vamt that the ddoete ---.ill use is that u.u.touM to broryht m a_siailer basis ajsiest .W I I, sthor thiap seld in plorids -.hiskst, butter, tere, .ts. The difficulty is that, :mder the relevant plorida state ls+ ft is no dotuts that, at ~ the ti.e the•tiprettes rars s.okad, A.T. Co. tould aot ha.e kne-thq I sight be haratuli the wrraety i.Doeed by the Act is ,mtvalitied. I _ There is a tmeral tseling that A.T. Ce. .q nll lose the eses, • Sad.d, mo ls.tv tkeught A.T. Co. bad hudled it btdlt. Mr. Russell .(La}S11ard) .u atre aptidstis thse the othmn he tslt that mile I , , „eiss a» abei-k!s business, Wp alse tesl that it is troreuaxlle d •., people N moke reckieeslp ed thu ssel dasape. The tue is eapeeted • . to lastsbeat t+e se.ks. • .. .:-. It A.?. Ce. leu, the latp.rs tieantisp ths law s:dts - e.g. • . reears. 20W, pleqtiald, rtCCsrdlo -.q• feel rs-eseeurapd, aftor t.hq. . . ' bt bsw eeDaludL:/ that thme .ve aere prrtltable tields ase.hsre ter , .7at.s. Zson is then likely te be a tleald et ber wet, aet miy la • ,. t1sSd.. Ds tM other bmd, d•T. Cr. ars al.est eertaie to appeal ataloet alrorss "tt -.hieh oill held off so.e now r.eu - ud the Green 'ea:s sf not to rich dsoatt as a precedent, bea.wo the lepl Sstuet are ~se a:rrrr.The elat. that .." uuied the'dilwe hae to le re-pre•ed
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There is sene rosearehbeind arried out Se O.S.A. as lundanontal ptoblocs in tho lield af snoldad and lunS cmeet, but nothiy as tar as we iaoe, directl7 appucable to our probinna. ' C3Gi3Yli4'1 ' . . . !ha naia omalueim_that n draw is that the 0.4 retearch will eet oebiwo .oR wek at lout in the near tutmro, ia neotind tbe ebjectin et tho Neuse Lppreprietioes Candttm •to dotaraiao the propertles of tebaeea , which ny atteet the health te aeateie yia to dnelq sems to aliataate up farntul eubstaeea tounL• dp the othes bed, this is a toq prorral Cmdtta. n.m reemty naittm bs Yr. lrank laith, !n hSs,iutebiedraplp, 'Qmaasane. trm Yississippi' - • . - ''33e Ippreprlstims- tub-em'ittea of bath Lauet aee doed otasplm of subsesaitta ponar. 13e raports ot tho ab-ooodttea aro ottm nore iesortant than etatatory law, beeause the Admties '.hoae limds they apgroyiate otta operate with thae reports ae a literal bible. The roports ase not subJeat to aoend.mt,a the • lloor, end thq trpumtly to not retleet oa~arttr opinim.• - ' . !he objoctin erprotsedia tbo 6ppropriatitiu Ceeitta roport /uoted ..bo.e relSoets the Se.toreetor hundrads of tbeusands of tobaeco RmQs, and tho Semtors and Aopramtativoe represmtind thaa intarats in ConRae are ualikely to be detlected ia tAa lmd rum !rm their restarah objeetiUe by lav suits facing thetobacoo .anutaeturers. 7t this objeetire holds, then the Aatienal Canear lastitute eq aoee to ha» ite .-y ^ ~,~„q 6prweJ•I' l s+aJC ,(•e•AC2 . I ~.
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V. c•1 ._t uea:_ r• . Mr. CBker said that it L.l.Ce. seieatiats teuod the eauee at aaneer, they eould atln it a.dlalle te tho ether .oautaetuern3 ladeed, ltdal eaeee nlatinC to other iadusteiee sopeated'thst they eeuld .et lue' . iatonatiY et this aatu" ter thttelt.a. 1ut 4d'. Co. are et:edSay 'eppoaed to pselSed aqy di w bel,,or this lenS. . Mr. b.u Cegy eatd tha~tMi~d~lmuld peal the ietotestim if they teued ae.ethtaC Sa etpntts aoebsthat naS1J eaveed eeeaer. llr. Tieah eald that at s wef3eC et the saaatwtunse, Itr. Cny hed ..de a ruaTc to the etteet that hle Coepa4y +outd poet Sefomatioe ef the type that .oa16 eod the islattry'e pnbleoa as far as eatatr was eooeeraad,bat there had aet been Wp real rupoase by the etheri. Yr. 7iaah Aid aot think that Saforaatiea .auid ooa@ about la this cq. 11r. Cullata told w that f111ip Yerrit vwld be .illieg to erehadt , •bnakthroudh iaforaation' with the other U.S. auufaatunr., but set iotorution about •niual produet daralepeeaN. ltr. Cullats added that he eould not say shee bttakthroudh iaforaatioa would be paoled - e.d. they aight vast to we St tiret theesel.a ia their outnts Saeludiad the D.S. Mr. Ct.oer said that Lorillard .ae eillla` to atthmde iatoritios about •iaportaet• deplop_.ats with other V.a. ateufaeturert. llr. Harrington stid that L.d Y. had already shows ri3liodaNs to pool infor.atien aea rdarred to the paper by Xeesler tad lattista (dr- *_-rland -- Jou:v1 at Yeditia.) disal6sias the effects of LatY eiprettes. (:he nal 'putpese et this yaper, hoea.er, had bata to sbor+ that scientists supported the charcoal filter used in Lar'c). Kr. lArrtadten added that >hetAer L. & Y. would dieeloee sote detail, aM if so, vhetb.r ft.e or for a royalty, . • .. was uncertain. 1r. lieeh ssid th:t o.ea it tho :..n,4, nQuired tafew.tita Yros ell the resn&tann for nseanh purposes, thy would probaW supply it throadh ee iateraOMAM. lhte aeue !s effeet that C.d. oiprette naufeatunre en not doiad to peel rueanh neulta, aad that theae ri11 be pvblithed is the aaia aay . .haa there !e .rpeetel to le a tradiad adnsttp Sa doiy, ee - e.d. b7 , aha•i.C that then ie aedioal and scientific support for the he. de.elep.~at. Shie is disappoiatiad ta]le.laC the etart that 6r. lo+ua :,y eeesed to la .. SaitiatiaC ohe. t.J.t. .ieited hLf lut Jear. . -13-
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, 11. AWzcan t2cttat AssoeiarneK tosearrA tr the Lerieaa X.dioal Mtoetattoa is NLef patt ritft ts .ore dttell is our report ea reseanb. Rhs p1Sef sdeptsd V the .tatt of the A.Yd. end the Carittet fer totaanh asleMeaesad Watth, set tp ty, the A.M.A. to epant. the baeareb 7aod to ehtth tho O.i. 6tpntta .akn4aetartn an eeettlDatte{ AO atllies, is u fells•u -. • 1. SM a.U.i. has ao lsttattaa of itself ddaQattla2 saasttal. It is Md7diy a 21o-stdletl Stleratet7 wt so dletet naeuob - ' r11I te dese oa tetaese. ' . 2. SL A.M.A. Sateeds to sat eo.y as a l9e4heldtaS tad tltteotleS eeatn. it alu to tlleeat foeds to appee.od Rrtetou, .r»ep rauroA an a eoairaot faaSa ehs this Ss seaassss) to tet proSteta etert.d out tlst St .tohat to $es dsua, sed _" rlll tr7 to det aon dood soAUn to oaist aut nse.ref 3a the fleld,ef saoWas aad h.alth. . _ ' -7. The Co.attee for Resaueh aa iatuee aaa luith haa es Lteattoa . of earrylnd out aeah Sa Malds that it l.lle.et tht ladwtry -, ahou36 2hts appiies to aeana of slldestin{ . harsfal aeDstaaoss floa tldantta no1n, sad it ay asta that ' support of nswreL dtdpitd to ldaotiry h.aflS ooutiteeeta sar aot le partteularlr eoapnbaaal.a. 4. The d.tl.d. .lll support tu.aseh .orken lotatod aqj.htn, iaale6lad • the o.S. They have adned to lafoit r.R.C. of aqy naHnh .ark they sopport Sa the U.K., after their taaittoe trt tattd. • ----_ . _ . . . _ Thq iu"ea i:.aori :iR t ru.arch iosfeee theell"aet dne Ltt.__. ' . feedi f70e aeMral aae7eea. '
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FIVE-YEAR CAREER DEVELOPMENT PLAN EMPLOYEE PLAr A1QD RE\7Ea' SUMMARY NAME: Joseph E. Bumearner POSITION: Jr, Chemist 76 DEPARTMENT: Biolo¢ical Division REVIEW PERIOD: 1/70 TO: 7/70 This summary sheet is provided for your personal use to record your goals for the review period and to keep pace wdth the results of your efforts towards meeting them. In addition, at the end of the review period, it wi?i lc•lp you summarize the total effect of your performance. For further discussion of bow you migh! • i_` : s summary, please refer to the back page. A-PLAN GOALS List the key results you are to obtain and the criteria by which your performance will be measured. To be effective, these goz?= ehould include target dates and ~ ^ quantitatively s:ated whenever possible. ~~ ~. , ,,j;c = ';,•• c_" ,.•G d .. E :: ~ ,` : ti r .U !~ VtrE r:cr:ovlES tie:>, f/E•; G A P~c!~tcf o~ T U1 i-:r. C_ . . ~SC r 8-REVIEW RESULTS State the specific results you achieved for each goal and be prepared to discuss your performance with your supervisor and senior manager during the review session. i CF~ c!G7/. :f ~16 J;'7YK-0 /hC~'C !S ~:.%:C 7iJF~F'c:VI ~J7Y~ :S GG!'1 '~ ~'1:r 4Y•~Lr .a-c, c F CcfvtCr • Cu)
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u Zoeneeo nratrrma . Taere is a ne.d for a reip to speak on tishalt Of the iedustry ea • all Ytters - aet Mra7,y tDon ot baaltb - ud T.I. Se that toiee, but • its aatidties an adnlral. Tbe iapr.e4aa tlat n obtained is that TS. it larply a toiw at the eed of a taleybooa 11na tree the laa7ers, • and speaks only thaa and ae dlroeted. ' llr. ISlaa recently µ.e e.ideroa belora a pouso Lppeqeiattoaa ~ . 6ub-Cooaitteo. Sarpen Ceneral Terry bed asked [er a tuppleantsl bodpt of f1.9 million, pessuaed to b, for aati-t.oking activities, but t1w oely detsil aratleble ou that it lnoludd A50,000 for a eurrey baued aa a 66 yabe qautioouair+ (drna up by Dr. tlorn at the Datienel IIealth Institute) with •leaded quutioet•. Mr. 111en oppoud the 1uppLooontsl budset on tbe pounls of insuftiaient intornation about its porpou and baeeusa atbsr popartamte, which hed ariglnally b.aa de.aribed as goint to pnrtieipate in pbua II; LLd not boae brou6bt in. (Tha orl{iml . Plase U idea ia now dead.) Then was aUo ateon` eppesitian by tebeoeo IItatu ConReseem ead the j1.9 oillion as dalated. This, boao.ar, eoroly ama postponeeent, as Dr. Terry Wilt doubtless inoludo the projects in his deyartnntal bmiyet !ar tlw tisesl ysar troo let July, 1965. Mr. Allea eatd that this partiaular episode Acd led to rora eritioim of the ' tobacco industrt md bsd eot inpro.ed the Institute's publio inye{ iadssd;"be was nneertnln'.Wthor T.S. should have aotad at all in t1ds: --uatter. . - Yr. f11an is.eµinst the policy of the industry eearnting on the r.seaeeb •arY ef outside seientists. ~
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I .IT lnldal sed health nseanh is earried out ar snRDorted le a.RJ- by ` ` tobnn samtaataran ia thair oaa iabantorias aa6 aadar eaetnat dth _ ' .: j: y`r.: ... .utalae naaarch tins, bT Ths Camsil rer''ebaeae Danarah -V.N.1:, by '• . the 4eriess Nedioal Yaooiatiaa, by the Natiaul Caneor Iestitata af the .. Doptraad ot W1N, D6uoatios aN TAtanr y tha barleas Casar ieaiatT, q Dr. f.L. qndar aal his Ddaisloa at tra tleaa-Nsttariat Institute, ad by Dn. Deek sed Naan at tha, Dsinll hrk Intitata et Nw Tork btata Deµrtrat or IMalth. . A syarata n7ort sa em• disonaiots +ith D.R. nnareh aotlsrs 4a b.n ynyrnd. TW rit7ose or this aeaties ot aur nyort ia to auwrese -' (a) Rhe saoldnR sad haalth raseareh Doliay at tka 0.5. • . , alpntte unutntenn. . (b) SWtr ooaantt ee TNG nnaroh yoliey. . . (a) !he Pmition nsardiat a seareh in O.b.A. for a eipntte asob .lth lan loaN ton activity. - aoaditioesa by t.o raotorn •l. the personal beliels of tM Pneidaots that sot" aSaiast ' saoldnN has peas Proeed, as antioa6 ia the Ietndaatioa thia npart._ _..__:...... _._... .---. _ . _ . .. . ' R. Tba dileasa Pond by the law suita, 7La .aautaeturen ha.e to ehaon betiean - (a) Doing eo ankln{ aad health nseareh aad Mtns nyreaantei in law suita as seN].tpet (althou{h •to nst public eosean•, they finanae C'fl ad Nfd nsoenh) (b) Doing neking W haalth nseanh and beins rened to adait in L" selta that their sPadaseta han eawad ~ - oamir in aaLaL aed yat that thy hate sada m abanses . is tobaeaa ned to .ltainan the tasours. ~ . .. TM .seataetunn ban ahana (a)* ana't ter L& N's nsaanh , . threugh l.D. Litt7a Co., but eeaDetitioe baa toreed thr ta - A. Eeekina and Nealth Naasareh br D.R• Nanufaetunn N.oklnN aea health nsearah by o.a. .anataetaran is larply aseyt easo slart ton lana of health researeh. . .(er aa.enial-.ael lualitT pcyesos.. Na.erthalass, teae of it is for ase" ael health Mans - a.i. to anabla thaa ta alter tuiakl) the dll th...nheturen an laiK eke.ial naeanh. Most ef it is v' . constituents of the asob it this ahould ba n;vird. ' (it r. ./. W OD ~n O r Ln
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Cirwtt. Ilr:rtirine Cedo ' • . Warmr pobart l. P,oyuor. sdploistrator of th. Cirsttta i1TmtUin{ Calr asd a1ns3,y beew os •ths Ter Cser: hea not yet daeldad Vhon hs .i11 brSel tht Code into oporaties. Thr Sadustry't aspoatatiea is 1st Josoaq. Coromor 1'.p'4r p.r us the ipnyoSAn thct ho .eu16 rtutuistor the ood. tisa4y bnt fairly ond ia ..mwltati.u rather dietatorlel vmor. Tba atta po3nts that omsqd in enr diteustiiaa .t the Codt with Ida .em 1. Tho Io.7 owd Su the Code, off. tlolm.r seihcawd, is •roprsoatatios• ..hlc~ .o tosk to rioan. s31 that eea bo '• said to bo reprawntod or i:nliu3 by tha alsrtisoa.nt. 2. Cot. Yayhos µ.a us tho iaprudan that h. "t teko • .. .ar) aueh stroejor liss oaout Ctrlton's tar snd eieotlaa lipuvo aed sbout Uynolds' health dates diselaar on T"pethmthow t.e eo.penleo arpontod: lupnor ru'- • critical at the disclaiaor aa the Tespn paekot ed ho . said that a dlselalmr could co lset bo s oltin. Whothar , or not a disolslwr was raydraQ sas up to bie.to daeldo, oad ho eould slso doeide what the .ordial of eay ditclaieor ihsuld bo. ). Cor. Noyns.a uitieal at tha G.y. nsutaeturare tor , ----s+tusini to eeecpt tLst stnkin' oontributad-ta.disoas.._._. . lie himolt is e ellesuttu tao4er but soid tha ba had no bri+t for tha imiwtry, ud .Lio1 •I'ro lot e eontraet! The SadustrT my ttar+toro raoai.o sow wrpriaas. Ya hrd (. .arr tri.r.lly roooptien"troa Cov. Laynar, rho eiud ceny Quostioas ehout th. Atuation is the O.L. :. egrwd to ha.p in touch with sach other. iC.ortiaive Erxrdituru . The lettst :earAL report lPrintfr. InY., Oopt. 11th. 1964) astioetad arpandlturo eu oigaratto odtortisind cs tollo.s tor thJ first 6 rmthe of 196i., .ith tha poecaniap ohaos.o coaperod with Ym.tirat 6 .onths et 196St •
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J • ~ .LIS'. OP PIOPLL .~1TR LMOM ML RAD DiSC0SS10tl3 Mr. er. f. Datu ._Mr..Mas Santield !tr JL MDOrO .. Mr. Milton MarrLyton . Mr. Johs D1d Mr. b. Dluet Dr. Pr.d 1. DuMSa President ' Ytes-Prrnldtnt A /uat, to Predd.at t:-Prtaideat ~ Seitntlfio Cantultant Dir+eter of leaeaah jt/e. R.seaseh Drpartatnt 1/o analytlal .erk • R.J. RRitAL03'• ' Mr. lewue Gny Ilr: uOS.W11n.q . Mr. Rmr7 R. Le . . Dr. tiiliud H. fridht Dr. MurN] tSaeNl . , • AlRRICAR ROeACCO CO.. . Mr. Ueaq ialker Mr. Cy. datske. . .. Mr. l.[. Ref.aan ' IROlM ! RILLIAMfdM MDACCD C0. Mr. dd. P. Plneh .' Itr. lYtditoa Iasaan Mr: t. M. Veda . Dr. L l. Griffith PRILIP MOWIIS Mr..JoO Cullaen III Mr. G.erp ROiss.ae Mr. JSL 1o.llnd Dr. 8tlaut M. x.kohta ChaSrfaa Ot ttrt l0ard . _ President . _ Cows.l Dlnater Ot l.stardh '4uefat. D1r0ater of l.soeeh t President Ceues.l tieo-Pr.ddtnt, OalOs i MdrhttlMe , President Yie.-Pnstdtnt sad GwtrA Caunstl 11es-Pntld.Mtf Ruurth & Da03ep0ent Dlrtotor of le..am6 President Prosidmt,'P6111p Marrls Internatlonal Vleo ProsMmt Yte.-Presidmt aed Dlrtetor of lot.areh . ~ aed Devalop.at Dr. Danloy ~ • Rtt.asch Ctntor -- -'- - '---. _ _. - - - -~~---. xilk3ewn - DlreetOr (Proldmt ef StaU P1LnUrs • panM, Rlehsond) ~ :dnrlil.'-."
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tt LLAU. y.trtGt ' - ". ~jforanau bat.ase Q.E. W V.B. . . • tie ahoult yarbys tint aayhaatsa that, dat'Sta the abrious al.ilasitUs "batesu tha see'tln{ aad hsilth sitottieas t. C.l.L wd • • O.L, thw ara u./or tmtaeaetal tittmauee .blah prenot the t+e ' eooetriu erar ha.Lt{ u{rtkta{ like a aeePleta itutlttr d tier. Ye asPbaalsa tki.'oSet baaaws.e toofd thua tdtftaruaas uder•ay,raetstad .. by the ad{Aestta watuprer. ta G t.i. , . g the 0. L a 1{• tar the aat tpartaat taater eulitiaetat aetiaa W se d euW .. tae it d th 1 M l it ti aer au a aa a a { a t w ~tha .walutvrta - - dae.j.a bdas a.ardsd atalsat the aaadaetuears ie a tleed d sasu. Mat 1oa{ a{o the teu{ Sntoatry.aa taal.ith saaa !00 lat aeita dth alates '. ' . tetalllat 1",C09,000, al+ut all at ehteh Sa th.'eed sars settlad out d Cast,ao this t7Da at danpr is rral. !ha leaadsshty Sa the a.ekia{ aad baaltb sitoattu thcre7ore 31u .lth tha Poerttul foliey .. . Q'. pg Ca.aittu of soix laryers ad+isiy the todustr), aed thtSr ypl.t4, Sf'e. . .: `4 -.ary oa4astaataby, ieA efleet. Ss •tsn't tata may eLaneu! It is aY. ' altpattes that lese aet anaaieap aeutraetttsar bald ayprasakes to . . . . ~e.eldet aat hadth Problaes, aei it also auos that the Pa114 Coedttae et lawysra arartlus aleu eaetrol a+ar all upseta d the yrableu. r.. .. . - Lar suita eu be broutbt a{.Sast the U.tL unafaetaras by aaakors JI . '- datalopint saa of the ditwsa atsaetatat with s.akSat (ar by their .iders, • y. aabstitutim) u the buts af breath of sxprus sarrub (e.g. sanutsa- - -----•--~----tuear attartiau tba ei{.rattaa te.0a_tru frw bare), brueb at iaplitd nrraakr (a.t. talltra te aeet staetards Seqliod br EtatO liia? ee -' - ' nA{lipass. It !s ralativdy dittioutt to bass a use u aetlltanes so -that the o.l. las suits are uauall,t buad yeiaasly ad breaeh at saraab. . Ie atdttiw, thq ara uuuall} tleaiead aa a autiapeq tsa buis, tba . " ylaiatfK'a eamai fiamtSot the eua fit aa ap•eed Parcaetap of the .;daeaps (e.{. dl% ar 50%) St sveeesdul. tke eues in O.S.AL ara usually kaard batara hrias, te.hw hi{631r wotieaal appeals ean bs diractad sad . .. tull w. Wa of the eoa.anluee to PlslaKffa ot th.0.5. ralas rs{artlnt . iatradoatin4 d eridaeaa. ' - . . Seelnsf. e+ tmlentaad that ie ibs tl.L, up sait a{.Sest a aan• . -..vrutirW:wuld alaeat-haea to ta basad oa allspi astiipaea by the eea- •.; 1, bt.etmrr (u,loy":a.tk.,.awtaetveer'a at.ertiatat tu tee. Ree . .. ,.: NaqeessiLt i earruty), avall ses1 liHll be baart bdav a ~ ana nat '- 4 rer7, .al.wld have te bs tia.nesd by tbe Plaiatittr •ith the risk d ~ : ; ~.. : . ~-r eafa loiet'a.aiAAed ataisat hfa it ke lart.. It tenll tbardara.l. raq :iaeh.ay lfftiealt tae a ylatneitt te ala a sidt aµteat a uautaaSerar a. . 'Sn;lritale, aed st.tsar.a !tC'i rss.areb PreQaas taku into aaoamt the t...... .. . ' . ,. . ' y ..., %eaet.it~tle.wifietoi.r~:nat Dain{ a.tlltut Lt retwrsl. .... ,• ...".. t- .~... . .
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..aiµratte, but it .as lar drlirety af ama aekd eonstituat that em. , tributad ]ardal,j to a biolodieal raetim inaoaa ahart tara test. ttr. CAle.y (Wk) theught that a raamallo aaouet ef aitottae na eeeauary 1n a eipratto. llr. Slmt firslp hold the dom that people • . eaak.l boeause at the nicotine. 1. U.S. Oeinion d TRC De.aareh • io outlined our researrL ob7aetitatad praRaao te all the proaldenta aod Dlraatora of Research that .e aot. !kw aheuld noe be a am iider keeeladp aaA mdoratwdinf ef ae raaea. ' ' . N2, LS. Ca. and 1 i T eritioised aur approach to bie-aosy research m threa aounds - 1. •It ewtituted an i.p1iN ddaim that tobaeeo emtained italth - Aaar4, and this eauld be d...µn~ fn la• suits in D.O.d. Ihia kaa ban disewsad in the earlier Section of ine report m Lau 2. Mouse akin painting with taoka wdonrata, aeeordins to - Dr. Little, wa aeiatifiaaly vnsound and baod m a fallity (Uye.u~ C.S.2. had oatraated with 2ie-Baotrah Ina. for raaareh otA typa). Atdatt thia,bath L A Y and Larillard seiatists told . . us outta bluntly that tkoy aontidarad S2C research ru on the . aerraot buia and C77(flarpy without value. It lo unlikaly that Coapup scientists would speak at frankly unltts they .aea pretty ---'- nre their prineipal& hald Tien nat Qeatly diasiailar. ~.~- .. ).' It muld prasmt the O.SL aanufaotnrers in a bad 11{Wt to the II.E. public sinea they aoula be rtpruated by hostile writers u b aing negligent ef publia health in euparism with V.2: wtiYatt~ava. we painted out that w kopt the prsalble reactims in U.S.A. continuously in aind, and fwthv that Dr. tynder had emtanded tkat O.S. - wufaeturaa wara drayinS their feet ee.p.rad.ith U.S. wufacturars. Shee .aa portieular interut in aad approval by Messrs. Cray, Cvlla.e and Craar ef aesearrh iIIte the eaaraet4istiea of the susceptible ainoritia being aarried out ftr tDC by prot. D.D. Mid and Dr. L.II. Liaen. Kr. Cray aail that ebriousl)• thva .aro ow peoDle e!e should nat aaeka - e.g. thase =~2 with eapbpaeY. 1tr.: Cullw, Yr. Craaor•and athara rerrked that then we .uth noro •'fir: direotlm and putb behind SkG'a research praRaaaa than CS2's.. . !ho onlr eritieitu in dotail about T2C research were that T2C sa . ':yaars behind the Q.2A wufaeturera ta research iato mucus flor and eiliattasis, I .nd'that Sle raa possibly nepo:tinF rlrw research. 1tr. Cry thoudtt that' . '' !rial activity aidhtuall a>alain the atatistia•.
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The esia teatura eu thd Lnvcase in the c:vrreeal t:ltss' ahtreot the tsaQa trea 7-3% pro-SCAC re7ort to 7% (aM 10% Sn Los lnploa; but tbis la a tseak arca). Chvcaal filters bad nae lorollcd ott, it not _~atert.d to dcaliee. 3e lcador eu still Yvoyten, oith 3 t/4% of the • eiµratte aarket, theugh lt htd aarar previously bwn aansidered u a . elaraeal tilter eiparatta and Sta•eberseal hed little attaet en the ssake. Lvk b+d about ?% ot the aarkot ad Sts aarrent ealos, at a rate etuiralent to 6 billion ayear, hsd pawed the aiuiaua rate of 5 billlea ayev (.t¢ at the aarkat) .hieh hed to be resehod it a braadd w deia3 to be suacass- tu)ly ostAlSahad. Apart tra tlwsa t.e, IWltitlltv (pY) aas ooesidved ' by aanral people Sn the indwtry to be the seot pleasant eharoal filter . eitarette to seeke. ieapo, rhesa •aalas ve leev thaa these otqy brmd • . Sn the nan oseapt Cvlten, hu ae adaod Cls.oas saa is wid to be bitter after the first puff. One saekar said ttat sao'dng Teqe is the seas as ditia3 up saokied. The Lacqq Strike ti.`tur is being teat-metketet is ia ' t.o toroa - a redalar filter aed a rhtseeal filter ("tee .r.y aharcoal C1lEcr•).Soth laras hate alaost ideetieal dark rad packets, .ith a , ~ circle !a the eeatro thm the resular Luc7p• Strike packet. llnost every Cazpeq hat itt prebleas. :Sthoudh Mynolds hare eea- , third nf t ho trado, they e» taia;T dcpandmt on ftastea, their largest ..braed. Mia:r tecand lerdast brad, Ceacl, deelieas eith the daaliae at • aeadiltar cigarettes. ^ueir last thrao introduatiens bard bcco v leek lika being flops. Tosa inelude tee atteepts to CFnll.atu pall 4a1l (L.S. Ce.), ehich is !o the kint•sisa nea-tiltv ai"set aad .a tho largest sallv !a O.S.Lr The [rSi¢eut 40ra Cataliv aad,oora raeer.tly, IIra-don. ha.thiritaAueu-1s_likdly.tobeScepe,.datpite sll.itsrdart:sic{. -- -- Lvie+a :obaeee Co. L%re no Seed atanderd tiltar-tip)tA eisarette. Eit Aarado is still roaeebved as an otp<att.o.tailure; Ccrlten is hvdly selling. Their raceot tatreduetion, Nalt srd yalt, eallad after one of thos pipe tobaeces, is ta atteept te mploit the tiadirf by the Sf.:.C that pipe saokara have leavr land eanev ratw (etthect iky1cj so). Ita distribatloe pipe-lino has aoe bor.a ti]led but dospita heery adrvtisini, aaloa ot italt md y,oZI' have lo.allad att at a lac laral. Philip karris, it they are aar in taurth plaeo,.aee their lapra.caeot to Yulbero, goatly holped_ by the tlip-tep bes: -''thea7o to Lvk, L a h silos are abaui that they sera a yav ago, but .' the salaa ot Luk hs.o cor lorollod att. ''rLerillezdLSro been avst hit.~by thepublia roietim te the SGAC , . ropert. =ant tom.'about 7C¢ at their trada,but their easteacrs va .:e.rSe7y'acrreiu aaok:rs dae siltencd to tunt-enthe"basli of ehelea a.d cScattsa tidurts puSliehcd inth: Sardcis" DSFcst.'tu s"saiult , ct.,'GOi.-'carrousws ~aut s_o'a'-.t ead_-h.:•-lth, esrJ-Kcat seeivs. Yiro aa. . .. ' . . I ' ' ' ' ._Y q . . ..: y. - :..,~C. .. ~:: . •,•. . . i :i . d.ca~r.9 Liivcttt sackinC:fd~a'ethorabi.o id.tehad te ethvbrar«s . .... ~ . ~ . . ~.. _ .;:r-:..
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J .'.d. t . ~ . . • R, PIELIC RRLATIDIfS pCLICT 4 poliq had doaa the Ldnstrl inat han. Th:n is ao rad nR+'at that CDl 'did sot po111ah a npl/ to the KdC npr1, amapt 17 Mr. 2s1ks. Mr. Talker aata tG ieduatrl to tab paf4 pnsa apaoa to adtsrtiaa 'the iaduatrl'a asaa•+ ha h.s to be t.paatadly dissaadad b staal prssan ftw the other auwhatann. In plaao of public atatsasaV an babtlf af CPI, thon has tasa an taee.aaa ta the lolbling of rabsn at CeaRua P a nll established Yarlaae principle. Despite atnaaoas aftorts, .a aaald aot aaat l.I.'a chief lebyist, - 6aaator hrla C. Claaaata. Mor nn ra able to oat Mr. ps lartis, the other lolblist. - {oth .nr tratallieR in areas .hiab n could aat fit in with eur itiaararl. Senator Cl.aaats Sa raalll dosa to pnsldant Johasoaf he aa Deputy L..das of tha D.aoontio party ia the Eanaia rh.e Pru. Joha+oa was Than is a paatd f:alim that the pollel siaas the SCiC report of . .~j rriaR pablia atatsaaats, adoa thua an raalll aoeassael, has proved .mb aen utiafaotorl thaa tha previous poli4y. ds k4'. Crsaar aaid, SIRC hsi apokan far teo aaah in the put, aad this had aanlf stiaalatad ad.arsa , aadieal ae.amt. Mr. Collaaa dae thaaot that UM'a Mst pullin rdationa , , ' Ludar, aad be is Chainan of the RoaWely ddaptioe to tha Daoentie Coa.antion far neataatieR the Dnoentia eaadidata for Praaidaat.. Ra.arthtlosa, Joheaoa aoald aet hasitata to drop Clsaaots if this a.ar boesas paliticallt . spadisat. Tha lobblitts an opposd to oaapaiW bl Rill aed Ise+lton .. an Conp+ssional Yttan affaatied the Sadustrl aed went aotion laft to thaa. • It is, of eouras, not diffiodt to reach or .ntar0aia baeaton and Rapnsantati.aa fsea tha tol.aoo Ststas, aad, aa n havt~rt.d, n W6 the ' -...----'- -- --------~-. . _- . . _ ----' , - - -' .. ylasura-- ef atatiy dan. Cooparof Rantoelp'. It is~ portut that Coap.as . ahodd aot feel tha industry is recalcitrant. • .. . The diroetie6 of Pp pdiel is asawtialll in the haada ot the laq.rs' .. . peliel Co.dttaa. Sha la.yara an aadooa to pra.ida Rooa. aad Senate Ceasittns sith.iteot..s-fa.eunlla to their ca.a, aad pnaealll to aneouesp atatrsats 17 scientists attatking the DCSCraport aad its supperting arid.aaa. Mr. Jaeob is aneoundinR Dr. Eartorl of Rtlan to bold a Coaf.nnoa in auanr . 190 at .hioh such statements ean la aada. Rr. yotaaa (p h T) said that he did aot daareal with YRC'a dseisioa aot to eaaaset an aaaatlea, but this na not the right policy for C.l.A..• • ' . . Kill u6 Raedtea hara laoa sidattaab+dt :thal ban toq little to ds • . aed Imow littla at ahat ia PieS aa. They han aot aow a hrsidant of a to,th. Polisl Cesmittoa or the CoapsYfor a long tiaa aed an ana rsapoasilla ,
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• . . CONFID~NIj*A ~ 3. t)ran blood pr.•+.url ratrly tonRtant vith a vrry alight ovrt-aii i inrrras. 111. a. 7herr is a tronsitory eodrrate tise in 41uud pn•haurr ahuut )n-60 soennde after sankr !a intus.ed Into ttu• nnvuph+ryns. G. The palse pressure return to pre-putf levels approslrately 90 secoada after the puff is l,nittated. S. L.ch successive puff elicited a statlar response. 6. This rabbit died after tbre~ days ot saokint. Despite supporttve tbbrspy, be died A.N..January 2a, 1968. Keetopsy vss pertotsad Jsauary 24, 1960, The results iadieate the snieal died of acute pnlaonary adeas. : •=h!s aatasl raa the oaly oaa'!b tlbieh tbe arterial eamuia rwsiasd patent. It was eoaelttd6d that this tabbtt 1ud.beaa twbed late atokloj= :4 .ora.etutlow appeac5 was taken vitb l:.. .•toe etueh aed too easlr. , iabbit Ms.'. 2. .. : ' :~ - :: : r' _ .- _ . iabbit $e. 2.' Tbis salarl wft latttallJ qed t.ttaly tor earparsas ;~ Yius= , aad iratro effects on fsrpintfoa asd Matt sat.. TM tvo cigarettes T. Vad i~!, oi.ilat otitctse betb ~3¢ttfa$ bs~att sata end rapitatioa. teast iit~;"a!oit. l, ltiwd , 17 f 1'12d ~ eitaets ab baast rate aad rapiratlat tr•r.. ~.. ~' s. . pas. simt"sneA tiory. rrkad.i~bfr~ tb.,aai..Yeapirad snots tb:otttb tba sooa. , ~~~„~his !adlc}eprioeeptosa =s t~lW~t1 Wu=q aa2 M aseeaury to tbu laitiat- MCA t b d l l A a pr, awri l~waa a.o !q4-o~. ~q 1~~„~i~ t~ Z_ o. 'a pttled e~ ayprasla+ttii ~ Li11C~uCq' ssttlt • ; y , 1•.112 aoattit: •.Ooa }aodnd't~sat~-elai ett<asatta veia wed. SRe tabbit vas • ttvea I eit/da~ tor apDrosisaCaly 30 daTta tbea 2 e!=/day for appte:iaatelr • 43 deys and firully 3 et=/dsy sntfl the tabbit died .uddealy on llay 22, 1961 _.,_vbile being ssokad. The aataal beease eseited, convulsed, aad died. Couplets eardiae arreat vata soted tsrdtatal atter tatresstal ,isas oceurred. 4 s ° iropyvaa pstferred fa..dlatalalur dutA. iba lusrls appeared =sey-piak and vere .ay dry on tis eat oW, .. riaey iafla.eatorp cella sad .aeropbajes vets found datiaj ttieroaoopie eiuataatioo of tbe tissun. lamarous broecb.Lolar pluss were toaad also. oos aaetioo bad black particulate aattar dataetablo !a. _ brooebial sdstner esaallr between tbe btoeebus and a,,.aearby artery. 110 ~ airaifieaot patbolop vas toand sa otb,ar orfaas. ~ u +.} W W ` xabbit io: '3.' All aspsrlaeatai'dariees baeaae iaoperstive or vere ~ daaajed during first two vseks. tNts swotk later (d/1/6a) tbs easal esasela ~ vas replaced and the ssbbit used to saaks ViRSititt !3 .a. filter eiparattss. m [,cposure vas tateasitied at tbe sate of oee ct=/dsy for 30 days; thea two eits/day for 30 days, eta, uatil a rate of i ti=e/dsy was aehteved. The ""---pere,anent eaannia.vas_tno.ed•about 60 days after the sa,oktnx betaa. A nasal tuba was passed eaeh ..okfoj pettod ther.eaftet.• The aniaal,beease parapleRie October 16, 1968. fUrinary incontinence and loss ot bovel control vere .equeise:.;~ The rabbit va. lo'poequsatiy satbanised Ottober 22, 1965 and pro.ptly eeeropsied. . -- ---- -..V_..,
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• te presoat the we far the ladmtrT.- 1cp•nsataSives d the Industr7 `.. ..: felt that the MQaoe ti.a by Dr. hrfa•d m•ft sinile out cipnttut• bders the Co.aitt.e hat aade a ea.eieabie fayressimy ud that this iopor- tant Cosatttes .u nee better disposed taoWs the industry. The IQC Cosittee has aom saqandH its hearinp aal a as Crnittee .111 be fened - . , in Jauart trm the ns CaRess. The Sebseeo Iastitote hopes that the ao Ceaatttse till .ab the Iaoee.dLya d the .1l Ceeaittoe (.hieh ha.e ' • not "t baan publLhed) part K its naard, ao that the Iastitute till not ba.e te aah its .itnuees to appoer ap.ia, It kas in taet buareported . •~ that lap,8arris propaes to reemta the = Coatttu u sem Y pessible anl not Ltr thak tltk Jmou7. ,'Ae aorarAlp d the CeestttN ts not .rpeetel to be ehen{N tu wah bq the slastim a 9rl xetMr. 1y. Earris ,. nlse .ishu te ieeerperate the first heariap in tM treeei at the ueod . .' hatrings. !ke mti-aeeldnl seheol ara aqeeted to Urere the presmtatim • of their sua ta the aeeeni haarinp,,bet w.111 ths iadmtq. ' She aaate e.t... Cae.ittse has net pat hald uq hsariyl m the lilis intredreedinte the aaute. isaator tloWtrpr (oho has neo re-aarrled) hu -' ; bea eritta dY by sea. K oa• iatoesats u ne lenpa• a factor in the situtim bnt Dr. fatin, +he ia eleae to ten. xeoberpr, told us that she . . . y ..11 tntreiuee'a-lill roquirinp tpedtioatim d evbatannes in riiaratte a.eke, sinee. Carlta ad YentelaY ha» shea that this em be dene, !ho Sebeeee Imtitute is eantidmt that fa.eurable bille rdll be reported' eot to their ns'oetito Xovsss b7 the tn Ceslttas aad that thq rlll be -. p..sea.ithwut aev War anad.mt. It su.M te os hoe.a, that Eautor ' . coeper was leu o0tieiatie, and hn .a7 nil be rtght. Sbe newly sieetN Cma.sum sad ltartse W inelode naw enti-anoMna people. There is a --...idetpread detlre in VSA by parents net te aea theSr_ehtldra starting to . easke, at attacks a wehinl are aead .oto-ptters. Rhs tobacco trade has been e.arbptiatstio in the past eni .a,T be aptn. Yr. Nerp olla tntared us that Dr. Cen K the Italiu Monayolf bad recently vtaitod !in ana had told hL that if D.D. Caana pattd a paehet .arnind la., be would ha.e to introduce eernlap on packets in Italy within LD bours.trm talks ha had had with rqruatati.es of other emntriu, •!tr. Allen bad oeseLded that it was alitaly that Japan oooM tattedues. ... paeket .araiap but that Daoark prebablr neld. Ye alse trderatana that '. Y Ceeaaes puas a Let raqoisinl rerafap m paekats, Daoaar i' erpeetei ,: te falla stit dthfn W dqs. . . tlr. All.n else {auu that it aa valtkslJ that the Cenittess.eold ~ : rqert_ eet a fi71 bdon tat Aprll t969 a that Cadrsss nold ws it bdere -ASt7u1y 4965. Nnerthelns, na if an Aet is not paud by CeaaMs by .' '• ta Julr,tl69. 4e Lot u the Maue w tabn aae utien, it is likely to . 4' N. :ep.l.Disee,(Ckalnie K pSC) to Nttpe.e sdata the dhetite lale of the , ~••fIC ~1uli DWe 6u' alenydfsnd:d lanpeu by ut .,ftvinp :oLntasiy . te; st~Yythe, dfeetita 6 .te d tu TIO Jtlai tadeed ke latistel a a foraal
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• vlev.ith tateur the laaerwa ef tha Depart.ent of ARioulture !n the tield d s.ohia,d and health researeb but this is soasthir,d that the M.C.IL has to lln aed ae-oparate vlta for tha tise batnl. . 4anavae .M tha Rnlter.ltw a t.ntuein d raest repert,(Repert Me. 1387) by the Ce.aitteo es dppropriatioes • (Dept. et dRitultme Sub•Coi6tlttee) ot the fleau et Representativaa , ' • eaatala.d the tallwinj peryrapha, t ' The Tebasae Preble.• '• . 'Tebaaee haa beae a.aWer aoimStural earedltp• throudh the yean. 'It is preduood i; 21 States and ie the fifth lardut ineoae- predaaied erep to tanare. It Ss ae $8 blllion tedustrt with drerera r.cH.lea about f1.t billiea yer year. It pap sau J3.3 billion oarh pear !n t"oa to eur pederal, State aed local torera.mta. Due to the i.plleatims et the Surpee General's nport, tt !s essential tnat ve tind the aes.eratMoudh r.as.rrh.In tlde effort we .wt ha.o tha -e-op.ratim ot the D.partaeat d AQieultura, the D.partaeatot Mealth, Rduatiee, and IIeltare, eua printe iAduatry, to detar.tae the proptrtiee of tebswo which WI Li'teet the health ot s.ekera aod to de.alap a.eana te eilalaate ap haratul subatanws tovad. ' • . . . . It is ostreaely ioportaat that,this:issureh bedla l0ediatelY. The answers to this problea auat be taund just as rapidly as possible to proteat eeoneaie ruin tor RorQs, substantial losses et re.enue to the federal and local deveraseets, and possible injury to the poblie health. ~ . . . The Cooaittn heariap disolese that the University er Rentudp h.a a Tobacco Researeh Laboratory built with J14.9'ai11len of State tu,da ahieb is an available aed has been offered to the Departeeat d Apiwlture b7 DaiversitT aad State nftitials tar sueh researob. It Is located adjacent to the Mn Redital Res.areh.Ceeter at thls Daivanit} aad is idtally situated ter a ee-ordinatad aRieultural- '.edieal reaeareh preble. ot thie astwe. Aaeordlady, the Cerittee has lnaluded /t,SOD,WO at Sootiea 32 tua4•L the tlll tor 1965 to .nable the Deyartaeat to lnediaatelr lnttiate'tobaeee reeesreh at this leatian tn aellabaretiae with thi State Qolvast1q, Statee apeKU, the Dpart.ant of Mealth, fdueatiee aad UYere sad othtr publia aed Otivate evpn{wtieas which m,omtribote to a eoaeerted' ', appreath te,thie urCont {weateh A: b.ekarowd to this Sa.cEat"Drs divell;.Pr.sideat.ot thts t,hiveraitf`: aC Wntuelq, Iexl+gtm, sith the oe-operatiee•Att th:'Carrraer.el.,ICinei,ely. .• . end other palltieS:.ns, sav sa aRpertuott~ at 4 btalnlnd ~eaa ledval tunde.'
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eoosiatied et Nn Tork Counsda of the Lrpr Co.paetes - e.d. Nr. Chaadlar Cook (Y.J.2.) Yr: Cela.m, Mr. Jweb aad akaut 1E others. The la*fera an thus the .eat pe.artul Pwp in the mldag aM k.altk attuattae. It is ueeostata, M.e.er, +Mtkar the Matdeats at the tlew eoailar Cosyaulas an fullt le yne.at tfth this sttuatios, aandderlns tlo luyna to la tao notrlotin asd tes dodemt peerally in the tedwtq. TMJ an, Oeaa.ar, erltMr yonrful eeoudk aer tuKtaaat2y auri of tleael.as to de aytltag aleut St. Ieellod ddatniens. . IaG]iad addasieas tLst stdarattas Lq le'Ydrsim, aMS tnds DJ -p orsatubmsr, an laadtatdy esitleUd by tldr ayatlten u oqabl. .•. R,. . • ot loleN daoaGt# Sq LM outts. sveY a0dulaas. .e .ne tald, .ay atlaet ~. daetalau by jvries aa okotNr swkMG otw.d the dieaasa ot the plslatltt .. . aed.tetksr tte defwdtng rauttetunr.aa a.an that hts otprattes eight , li hae.Nl. ~ . .. for aiprott.e lae !s thoao. A.?. Co. d!d aot-elata Maltk ad,aetaps•; for Carltaa, asd a dlselalwr, swa u RQmlds bLL a.:aqe osifests, -, would pneMl3• be Patatud ao the peekrt .MS teo Cipntta ddrar4tata,*-- Codo eatr into otteat. (Gerereer Nymar's noasks lates te ui se'tka -: • edatsalas that tkaN oesrtltuesta at teoke ean kar.tUl. Yr. Natake repltad that Publleatla0 of tv aad alaetSsa t!{uros .Y 0a lrtd{. they ked to ansa'. A.S. Co. kad doeo it bsuoss publkeattee at tar aM nieettsa tisuns by L.dars"Dlsaet. ata., Ld anatod a pubite•daaasd T.6:s ta the f'set-poLSt-nitk-kt-Yr. Nattkala-aor -NaatlaE.its-Yr,_tsjlur. It au the saia peist auds by Mr. Ioessa Gra7.ho nrerrad to Yr._ Ra.'s disousalon of the subjeet with w].st year. I a T oeesider that TiG's .nsaereh pelly eight le pitrOtouLrly pnjudialal to.tkos tkraupp their .asseeiattes.ltkLalf. . 1N "raad that Aarradata b!o-assay, nresearch sauld be npresaetea u as Sopltad sddaaiaa, but va asdo the points that S1C constantly bon ts rted the passlbla repareuuions of its aetioos in C.G.IL rad tAat l.I.C. noearqk su lued ao the eaeda of the situetioo in the OS., Saeludiet a sead frea the legal poSnt.ef vler.te.jl!! ee0 pounda.tor an aeeuutlea. et aedllPaca aGsieet tbe easufaetunn. Nl telt that Nr. lovau Grat u l.ss erltieal in this oattar then ke kad been ee Me196S visit, aed . tsdaed Mr. Cry apeaifieally stated at the aad ef the e:stley tket ba ss set trying to uka ss ekaep ear dadat the Saportant tkisg, ' rr. Cray felt, u that .e nn in teues with aaek other W deuld dis- euu tsew .atten. . In nplt to Mr. Netsko'a ertttetrs, Gr suggested tk.t publtaattoa af taa aad niceties oaatents ao the Paekot et Carltas ..s ee teplied Th: o.ts erittoia of TIC's nseanb pregar ras that the lle-asay . nseanb at NarnPts raa as i.p1iLL adaissisa that eSPnttas an karaful. subjeet qt diselataen rlan taturesttsd).
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tobaeea ladustq be dtaa a bl.aket protoctia 1Sbe this for an indatiaite tutiae yetiodf TU lMmtq'a bape, tn nptd to. the tbrnat ot hatw to inoLde.arafap ia a6rtrtiseuats, ts that CaQsss.i11 aeide, the* net Puslng yrarWtieq Lpsl.tiea, that taea,areiep an retntoasaq sna tbat itate lepsLtnna sal tbe ya/eral TeaN Coats.ia.i11 b. . pdtad aeeardtnClP. TG te6astq bas tbe support at a6ratSsiaA . ar{ututtas ad ..a K htnter's Int (bttbaie ast!-saeld.g) ta tlstr eyyositta to.arntago le atpretts sd.atlawata. . loee r.pwaHttiu d the tdsa.t3Mm4T wee soKileat fbat thq aaSd get Coynsu to Pasa a. Aotrtptdy wTa4ep a yaWts fa taY • tbat tb. lntatt7 ssuM ataqt. TYe tatidu tor petst waratys that the . - ~. la4ute7 telt tbq aw1G .uqf avn aLts the ilen$ • t. •lseasite•me of tbia ~re6~iat .y bs barKul (ar luprws - to ualtb) (or a banrl6 to baaltb)•. . t. .'tsccasi.e use w be barstul to aa.e Peoylttiix 1AU~hFJrPana~..A~• At a newt .utini, be.e.v, tbt Ls~ telt that both ~atiew ~.en +mredistta. 'Exoui.e' .s litlieult to lstim aal aypratl.y lut . danpreua tmpilwtives tm Ls suita. The ybnse Na susceptible y.rsoas• . : . :ru 6laearted by the L.Jes tar the sake dat.PllCitT. 'ma A.Mw . Cusar leaietl bas ar6uat that it is aot agoutia of amcqtibSLtJ but at the product being inheeent}y eayable of causing 1ms eueer. , 'TW ptoeedits ia tbat ap' yroyosad UyisLtSa bas to beoaseed b) ~ both the tlouse of R.yresmtatt.u aa6 the lcaate. Dilla are ntereel Is •-•- ---eaeL 9eust ta tbe ayyrepriate Coaittes, u6_ths fillU u jLoyeeteC eut.by ,• eaat Oo.dtta is tbean soruiacred by its 9ama aei yuse6 as tboaGht fit. It the •araisas of the yi11 ysaoi by the ts Heuses are net tM un, a Joint Caulttee of both Neuas p.ts to tissuss tbe Alttweeu ae6 to • '. ' saka aJofnt recoaandattoa to tbe tn Remse. Tbe syyroyriate Coaittse , to coasider the labe"AAg yi11s in the Hoiua is the Ceaittu m Iater- State ael rorsip Coaerea (Cbatr.wi tey. Oraa Betris), andfbsA ayprayriate Co.ittee a the Mmta is the CoaMttos a Maltt, Gur+ua aat.dtare (Cbatruel a.a. es11 at uabs.a). . . sas tt er Ii bi1L aealin4 with asysets of the tobatoe~Prablcs ta.s bea tuteodoaH inte the Haue. ie.arA lL1L Mal with Lbtlltnp tre .au1l gi.e tbs y.T.C. authority to ts sbat tt rishod to as: Others leat with atbR aqutL at tha RNloe, aVah as aCti-aoYt" education. Sfe . I= CMAtttM atarted to s0lYitf tbase Ltlla..Ht0<e it e40Yl9e4 tar • the elsetia (ta be beld a lr& Narabor) 1tD. Larrlt,'a: the mcpW t lq. aoraa Isowps (Sortb C.relsna). bat Paseaaeathe 1:Ta.;(.d,ieNM1y) ::-...w..aew. lls .fL.M.. 4!. wf fi. aa.4.a L1.111wr rnLtWJul~~til~'1V6[' • lL oris•to Cin CaQese tiu to eonsidtr the sabjeot. . . ..:; .. . . . . . . ,, . ..•, •.n.,: r:; :.. Rba Tobaeee Institute hat .wooeant tbe' IpC Ca.dttai'l.'Aell Aurtus ::~ " on tbe lilla u it pn tbs Lstitota u oyportwity te yeMl. iis dtsis$ea '' . . ~ . ~.. . ~. . . . . . . . ~ - . . ~ ...._ . •6~:,r;.,. !:.a:
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S:C Co1iC.^. 70R Tos,et0 LTraeN - 9.S.A. C.T.R. ooatins, as batora, to aoetiaa its rauarah to the diaouas .ith rhiel am~iy is statisriaa11,7 uueiatad but aot to npport nsasxh into the yrodaot. ptaraaaologioal naoaroh iato tha aff0ata ot aieotiu ta about aa aloao u tha nssareh ooas to a'oipntt.. . The Salaatitio idKsay losrd at Ci1 a'satiaw to met rri daoid: am a7plteatioaa tor desata to aarry out nsouth aa rhat appund to us to be Saojsats of so eon than raaeta ralaranoa to aurret ptWloas. (Casbars of tha i...A. rsooisa m homrariua aed arp.ess). lpplteeats for drrats an am aaliad for larpr aaas of roa.7 for loyor perioia, psrlais as a rasult of the Saorouia5 ruua rab heds arailablo alswhaa, as.l th. aea•„eetanrs aro tryla= to lislt CA'a rtpaalltun. Thora .as althor ao Sutorust Se ar iadsrl rsatioa of C3 rtuorei acoaist the Coopaalsa or setlre eritieias of .uylot d.sau. LStheujh L i C ha•o am Jai.vd CLI, thia ru aolty ia onter to pruuat' a uaitad !lwat, aed L & N'a aeiaatitio atrdt ara as hiihly critical of CM's resoanh policy as Mar. . ' 4 io sara told that C:a was noe prapsad te try ard stiaalab _ru0arc:.in dasind tioLL, but tt:s polie7 bad not yot basa tldel.y pursu.i. Tho raooat laaual ,1port by a1r. Littla was soreraly eriti0iaad by tto II.S. Surjaoa Goarral at a:aiUegtoa xosa aeafarateo. '.r. Lat:a was a•so hiihl7 eritiaal of it a.-:1 talks pdrataly of resignia5 trna the S.:J. te_othar rspart et tna sa:r.Ratura.la going to ba Vub`:shad am yaar, "- YS. N07t was .ary pleuad with tho pross coverage, fro4uaetly with ~slaloadLS basdliaas, that LAo nport raoaltM, tlhil0 C3 is suypcsoi to ba rolaSatad to a baek roea rola, tha 1_-7y.rs' Polia7 Comittaa raeoatly doaidad that Lr: Lit.lo ahould act an behclf of the iN'.uatry ia dsslia; with ratusts froa tl.o :.3. Lap't. of 1.pY- auit*~ (Dr. Tao) for iataruatioa about beaspyraea, ota., in aigarottd Dr. 7Sttla ooassws to be eriticl ard rathor blttar about TSC'a aL:a V!atLv4 upsrhwts et uar.oiata -•a bigger tyader' 1a hia typieal eaoaat. In f:lrnou te Lr. Littla, bo0r.or, St haa to bo rearJi" that to rss laa= bcm aW{ai In iatoasi.o ia-tiptia5 tith Dr. L' •r au: L' a sYa paiatiad sxparir:mts, aa ahat ha taalsan taauiao seioot.tta pocads, w that ha oust niatd th0 Lusa;at. weperioeata as o lattias.7aa of his - dCe,. 'lhls of aoursa, F3a'aot proraat.d C.T.II. sooisaiooSas Sto-9esurab Saa. to de aowa, aLa-plctied "rlroata. . ...
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- Suf~ afi ob ` P ' u e ' att t 3Yas m 40 s .beUr tae eua • ieta l oirfe n ol:fi :` t ' jec s were normal Seven weceih pilmna di ,. nonsmokers wttorysease; and 19 were chronic smokers, aome with and some without pulmo-. nary disease. The nonsmokers with pulmonary disease acted as an in• ternal control of possible alteration between a normal subject and a chronic sanoker with pultnonary disease. RL•SULTS Tite normal curve of surfactant from healthy subjects with no pulmonary disease, as run in our laboratory, has a surface tension of 6.5 dynes per on. at 20% surface area and 60 dynes per cm. at 100% surfacc area (Table I). Seven nonsmoking patients with pulmonary disease had TADLE 1. SURFACE TENSION VALUES OF SURFACTANT IN SMOKING AND NONSMOKING SUBJECTS WITN AND 1YITIIOUT PULMONARY DISEASE No. 20% Area 100% Area Group Subjects MeaH S.D. S.L. Mean S.f). S.E Nonilal stlbjects 14 6.5 3.73 1.00 60 4.50 1.20 Pulmonary llatients 7 17.0 6.19 2.34 50 7.38 2.78 Chronic sniokeis 19 15.5 5.52 1.27 51 4.86 1.11 an increase to 17 dynes per cm. at 20;o surface area and a decrease to 50 dynes per cm. at 100% surface area, with a decrease in stability index from 1.61 to 1.00. Stability index is computed by dividing the range froro maximal to roinimal tension by the average tension, or Max.- T-fin./' Max. + Min. The smoking patients had an increase of surface tension to 15.5 dynes per cm. at 20% surface area, a decrease to 51 dynes per cm. at 100% surface area, and a stability index of 1.04 (Fig. 1). FIG. 1. Cmnlmrisou of surfadant curves in nornlal subjects, snroking patients, and nonsmoking patientc wilh pulnlonary disease. 348 TIIE ANNALS OF THORACIC SURGERY q'a~.% :x;:;%-.-r••~ ~~~cvsS~oN ', ~In:1954~Pa~tle descri from an artificially inTiatei found with bubbles of blo fluid lining the alveoli, pt sively by such workers as A material, which comprisc lung, currently is thought components in fairly defi categories with the follow predominantly dipaltnyt( phosphated lipids to pre protein as a skeleton for t The presence of sur characteristics of artificia termination of surface tei is varied; or (5) stabilit) methods agree fairly wel factant from inactivation Hyaline membrane spontaneous disease witl presented suggesting a p of plasminogen-activator olytic system which ord loss of surface activity h pulmonary bypass, puh 7ation, hyperbaric oxygi [2, 11, 12, 15, 261. Sonie to 48°C. show an incre factant is present [13]. ~ Among the many riously affecting the su cigarette smoke. This I found that cigarette sn' the surface conipressil lungs. Similar changes monary eluphysema, .. stnoke during life [19J patients smoking the fi lnterestingly, the adc< hy the intravenous adi QUT initial studi ellects on surfactant o
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I f ~., m .. ~
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ahruVlly in 1'/,11 „I,1'll : r, I'. L• , biochcmists acre hred, not long aTter Ihcir labormmy nutMnoks {Vere cullcEted by company law. ym. TDcfiKnnscomca0crfuul l. , l. hl ll . o edge of smoklnq's harm from the f~- N. . ' puyb:;. .. '.,,.. . . . :. .., V , LLL . I - For two mvnths, the Ne s& R2 0 Did R.] Reynulds Tobacco . etly had been studying the effects CGrQimestigated what Amerkas , ~¢ of cigarette amuke. meJor-tobacco companles knew Co.fi[eit55CientistsbeWitse \BVRNING~~V~ ..,l+l.'.. Their employer, Rl. Reynolds about the dangcrs of smoking and their studies were Nva)l4~r ~-' Ffrst Irt a t~Iree p[tK Setl¢S.$'y. Tohaccu Co.,.bultt e state.of-theart when they knew it. Other findings: . ^-+.'IaDaraiery for their work on rnice, 5eome of the fired Reynolds bio- . w'etC they to0 validt p~rats andd rabbita Scientisb..de- chemuts think they lost their jobs nme suddeNy for the 36 sctentistTjsigned a Pioneering marMne that 1Y years'ago because the company: 11Y JUSITN CATAf:bSb ._ -.ga(heredan a conferencc,roupt forced the anlmals td' breathe feared their rescarch cnuld be used. SwJ Wnro March 19t-1970:. :moke eight hours s day. Oneynr against it in coutt "f strongly SuY For ttuee Ye.N[s tld g~cuP:Af/ -act y`iowed'Dromise of exple7ninR'. pect we were fired because any ~4iWSCOA' $.ll.E.\f Th cM,. .~dmR ambitfous brnchemYSta;qWA how.tobaeco carues emphyslma; tlting we were doinR waa subleet But on)haf cteudless morning in "f. ",:,I I 1 1 I ivh ..II 1 IIn. I w •:vl Ily i. pl i 1'141 11 x Iteyn Id r earthcr s ys his work pointed towa[d an explanation forhoW Smoking cau ses emphysemi ' --The reswrch could hc important In lawsunsxgainst the companY~ The U.S Supreme Caurt ruled JOne 24 tliat c Rarette maken can besuedforSr difthcyhldknowl - EiRgcn refuscd lo market it for fcar' thc nuw product would indict its other brands. -. LorRlard Tobacco Ca., witli -' menufmmrrng Iscititles In Greena+b,pro, was notlfieC nearly 50 yevs'~, be less concer-causing. He says-; : subpoena;' says Joseph Bumgarr r¢r; a former member of the research team.. ..:. _ 4 One ex-Reynolds biochemist was questioned in Qprii by Nurr . : Edell, aa prominent anti-tobacco lawyer, in what could be the nent- 1 lehdmark lawsu¢ against the in- '. dustry. ' -s At LiBgen & blyers Tobaccu t Co. In Durham, a researcher devel-oped a cigarette that appeared m' creNble eNdence was bldlding th.t " linked amok/ng to eancev ' . -+ Sick smokers may have diRl-' ' cutry winning lawsuits Imder the'e recent Supreme Court decislamP' Obstaclea Brcivde the types of db• ewe caused by anwkfng health : eqo by une of its cEemlate that. • i picduct, and the widesVread beDeF.. wmninga printed on every tobaceo that skk amoker3 ese responssble: w for their owv predicements, . .,. ~aw~ryMa~a i , .:.~ 1 ' ~ C ~{ y~ u"the motise house" ' S CAUSES OF DEATHS cmokin: vsicother COCSdNE ANOCRACK HOMICIOE I s....us r....~ro e.o....o w... s n-o~.. .u u-raa+.mn.- n..ua.wira+'. 4',1970, EdVesallo; Reyuolds',maw, vice president for resear@I adC db.; ° ' elt: dratled thbiolgiwt •.vopmenero research program: The.di ston 'was being elivdnaNd, he said The ~.26 Scientiats-.wxee fu[d:. tt'hYl Why now? The sdentista left ehe meetinq, shellshorked end' loEless.' . ' ., , . ": " Anthony Cuiucci, one of the tiio=, chemkti fired that day.ahWti..he lomowi "It wasn'tabombadsqence. ~; ar s 6dsiness decision,",Jk.sald,_. ' :'fhe:'decision to shut ll^doa'n~ ~~wasrm5de-becanse Reynolds did.'nm at rhat time want to hecoBecl-. . ing lotormetlon that rrlightbedetri- .' .meutgl tp tts<V-- whkE;voldd.be . telling the Vubllc what its'prnlllsei dos0. fellorance ia bliss'. :.. - . :.-F.. a_..... a "divorce" frorri parentis Q A judge roled that a 12-}'eaz-old did not have to stay w ith tlti biologtczl puents the bby said mistreatedhim.' . , F.um 1V're Repom ORLANDO, Fla.-In a landmark declsioq a Floride I judge Friday sccetedell legal ties between e mother I and the 12-year-old son Who sued her,so that his fnster, parents cnuld edopt blm. . t..: '.. '..'The unprecedenNd case marked Ne f1rntUN In the.. . United Sates that a mhlor,was granted independeM legal status to sue his-.pan:nta.ChcuitJudgeThomas S. Kirk told GregorT Ringsleyhe;was now foimallYy adopted by his fostrC pventl~ "You'ree the son of Ns. and k11ti: Ryss at this manen4'= he'aeld as the courtroom broke into applause. . . Kirk sald the hoY-s biologicai nwmer had "Bed~ consistently" duringthelegal bettle Gregoryinftleted to'sever'his relaBansNp with her. - . I . ."1 believe by clear nnd eoneineing evidence, almost ._ . ~ P4aae see DIYOBCE, Puge Il1- II, 2lllll"IIJ firsl,.male •. and female Marineoffirzrse faced the fir- ing llnc In- . gl.lbcr Fiday as they went ' thrnugh basic~training to-. , gethBf?he '; women who are training at Quanhco. Va., zre cral through lhe;.,'wued3 dedg: ing hve.am--~ munltmn'and. ~ ;leaTning te . flghT aldngside" ~ the Marine. ~I men/R2 .. INDE% ,Wb passirrcd. ' TS D6iM5S:~g'.Bg griE(d:..'.!.::D2 ChsfgiedC10 Cmn.ud 012,c13 . Etlklms - ' AB i cnden '.. 03 Nnlaldetl::'D2 OE'IEa.:.s . g1 I Rdlpm. - BI TakNSm ~ T.V. ThNim .. W I -51 o fels.ll.e.na hNpeER:~:al/s Y.-. ~ Iawsdbienwke1:11BHealkedB{•. . OBniewmNIT11..ehal~M . .'P!'FB.1s~.1~{sYa.~isl:. bbaerslawsulfsfas...r//L7;1 . Cngal>r10tlp~r,l2err~g(Yb!1BBY1EItglsLhl le!Vt.drd•wli..t.rl r Ma-RFINIY.1Bdge onli .ds : a. aas u.ir pr . q . N . . Ns~i,ww.rsNnaralrasm?g . .. -rMNirldqh.eeWN'TM1.d17WMtwl.wtb PROGRAMMING EXECUTIVES HOPE TO HIT GOLD WITH r'HEE HAW SILVERr'/Dl ; DEPOSITNON E86b 8ESLS 611ICIDE M MI Smoking kll'.s more Americans each ye." than alcohol, coc2me,era0k.her0ln, hCmlclEe. suici[e. car accidents, nres. and AIDS . .. cambineh HENOIN a MOpPNINE' s.m EXHIBIT ,' ~ rA l~P
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V Health, Fduca- , Public Health 27 pp. anius and R R and surfaclant. 297. try of the bu- lag, pp. 92-93. ~
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ect of smoking upon Rev. Tuberc.72:1, nlar lining layers in on to atelectasis and 959. at human respiratm}• utcing surface active 1962. sd sections of human r 10:1246, 1957. o Eng. J. Alcd. 272: troarp surface tension isiderations. J. Appf. v. Rup. Dis. 92:316, factant activity. Bull. r -s, J. A. Pulino. Resp. Dis. 98: nte effect of cardio- Bedl. Soc. Int. Chir. y temlxraure. Arch. cyntlrome studied by Fat embolism: The iy 56:53, 1964. nlxssition of smiace• L Sci. U.S.A. 47:1858, ient long fibrinolytic e. New Eng. J. Merf. i11er, 1. W. Chronic rs. Ann. Inlcrn. Med. noke on the surface 85:692, 1962. lesions in pulmonary alveolat• lining layer. tion of the film lining .uyt surfactants, coun- a Il, 1956. P. 116. Sur(actans in Chronic Smokers !5. Webb, W. R., Cook, W. A., Lattius, J. W., and Shaw, R. R. Cigarette smoke and surfactant. In Jsreparation. 26. Webb, W. R. Lanius, J. W., Asiami, A., and Reynolds, R. G The effects of hyperbaric oxygen tensions on pulmonary surfactant in guinea pigs and rats. J.A.Af.A. 195:279, 1966. , NOTICE FROh4 THE BOARD OF THORACIC SURGERY The following is the 1966 Gfall examination data: I1'ritten Exmmmalion: To be held at various centers tltroughout the coun- try on September 9. 1906. fFinal tlate for filing applications is June 1, 1966. Oral Examinntion: To be given in (ktober, 1966; 6final ilate for filing appli- cations is Jtute 1, 1g66. Vo[.. 2. NO. 3, MAY, 1966 333 1
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obliterate a space. Some aitant thoracoplasty. Thw ,lot expand to fill it. + twke. I ap te val K subjed. I ave no par. I think you can tell t1K rtsxnt of the spaee. Qte ation of fluid. The thid. Ity is intpendink :een aspergillus sn spaces. otic dosage. in prrvention, too, and I thoracoplasty. One or tltc majority of instances in ave anything to make a um of the upper ribs I ave sieves as the margins ose in; then l have sontc• thu is die answer betatne . just annot enlarge, and ing on suction. nted out by Dr. Pecora, I larly in the tuberculosi, fore surgical intervention 1's kind remarks. I u.. l tree is sterile, and alete sat-tifaction, most nl o take a moment to tatk su[ficient stress in tithcr ction there is no fttrthcr s complete filling of tatc nally, at least in private • rek following operation. sdurge may demonsuare al of the tubes. This Av:n me some concern. \4'hat spital, and should active se patients, as schedulcd, tl neeeuary for definitivc uion, therefore, was that these «vo studies wotd,l aure the younger surgeon I and that the space will )r his fint postopentive NOTIC': T1 F"Jt,D:R~ This V_:: ::1 I::_7 bo protected Surfactant in Chronic Smoker Y~~~ -= t'~°' ~~ e" i.s. codel Wrilliam A. Cook, M.D., and Watts R. Vt'ebb, M.D. P ulmonary surfactant prevents progressive overdistention by in- aeasing surface tension as the alveoli enlarge, and it prevents progressive atelectasis by decreasing tension as the alveoli be- come smaller. Cigarette smoke applied directly to bronchial washings or to extracts from minced lung specimens has been found to reduce the elEectiveness of pulmonary surEactant [19, 253. The present studies were done to evaluate the surfactant in bronchial washings taken from chronic cigarette smokers with and without overt pulmonary disease and from nonsmokers with pulmonary disease. lIL•TNODS Bronchial washings were obtained by irrigation of the tracheobron- chial tree with 20 to 30 ml. of normal saline solution. In one group oE . for diagnosis of co ho b py s ronc ing patients washings were obtained dur their pulmonary lesions; a second group had irrigations through a per- nnaneous inlying tracheal catheter [10]. The washings so obtained were either frozen or immediately studied by means of a standard surface tcnsion method utilizing a modified Vdilhelmi balance. This consisted of a tiny platinum blade suspended in a Teflon trough filled with the utaterial under study. Surface tension forces acting on the platinum strip were measured by a Cahn electro-balance calibrated to record surface tension in dynes per cm. The surface area was contracted and expanded from 100% to 20% by a Teflon barrier extending barely beneath the surface, thus compressing only the surface layer of the fluid x•ith the surEactant, which by definition must film on the surface. The surface area was evaluated by a linear transducer and recorded simul- taneously on the X-Y recorder. The balance and trough were enclosed iu a dust shield, and complete cleanliness and lack of contamination %vcre assured by the performance of a saline control. After the surfactant tttaterial had cured in the Teflon trough for 30 minutes, three consectt- tive hysteresis curves were drawn to obtain a characteristic pattern. Frum the DeParanent of Surgery, The University of Texas Southweaern Medical Sciwol, slailas, Tex. Aided by a gr+nt frorn the AMA Eduntion and Research Foundanon. 77K authors gratefully ad.nowkdge the technical assittance of Mn. Qtherine Rogers. Prqented at the Twelfth A No~~ttlglDE tt9S5~,ttAern 11,otadc Surgial Ataociation. F,nyqn, Grand Babama tsland, . . j DEPOSITION EXHIBIT YOF. !, No. 3. MAY, ry"" . S!7
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Sirrfadanf in Chronic Sntokcrs teen of these sub- ulmonary disease; e without pulntoe se 1acted as an in- ual subject and a subjects with nn face tension of fi.fi n. at 100% surface ionary disease had J SMOKfNG AND )NARY DISEASE ('r 7.38 2.78 4.86 1.11 4.50 1.21) d a decrease to b() in stability index ividing the range nsion, or A4ax.- ncrease of surfacc crease to 51 dynes .04 (Fig. 1). f/ISCUSS/ON In 1954 Pattle described the peculiar stability of bubbles squeezed frotn an artificially inflated fetal rabbit lung, a stability which was not found with bubbles of blood or amniotic fluid [21]. The nature of the Ouid lining the alveoli, pulmonary surfactant, has been studied exten- sively by such workers as Avery, Bondurant, and Clements [3, 5. 8). This material, which comprises the alveolar-atmospheric interface of the hsng, currently is thought to be a lipoprotein complex of at least eight components in fairly definite proportions [16, 22]. These fall into 3 ategories with the following functions: (1) unsaturated phospholipids, piedominantly dipalmyteal lecithin, to give low tensions; (2) non- phosphated lipids to prevent oxidation of the phospholipids; and (3) protein as a skeleton for the lipids. The presence of surfactant can be evaluated by (1) the deflation characteristics of artificially inflated, intact lung specimens [14]; (2) de- termination of surface tension of extracts or washings as the surface area is varied; or (3) stability of bubbles squeezed from the lungs. These methods agree fairly well, but none can differentiate deficiency of sur- factant from inactivation of surfactant. Hyaline membrane disease of the newborn is the only recognized spontaneous disease with a diffuse defect of stability. Data have been presented suggesting a predisposing factor in this disease is the absence nf plasminogen-activator in the lung. This material initiates the fibrin- olytic system which ordinarily lyses pulmonary fibrin deposits [171. A loss of surface activity has also been noted experimentally after cardio- pulmonary bypass, pulmonary artery ligation, pulmonary fat emboli- zation, hyperbaric oxygen breathing, atelectasis, and pulmonary edema J2, 11, 12, 15, 26). Some lung specimens with poor stability when heated in 48°C. show an increase in stability, suggesting that inactivated sur- factant is present [13]. Among the many disease, drug, and environmental factors delete- riously affecting the surface tension effects of pulmonary surfactant is cigarette smoke. This was first studied by Miller and Bondurant, who fotmd that cigarette smoke decreased the surface tension and increased the surface compressibility of surfactant extracts prepared from rat Itmgs. Similar changes, which could relate to the pathogenesis of pul- monary emphysema, were noted in lung extracts from rats exposed to smoke during life [191. Col)n noted an increase in airway resistance in patients smoking the first cigarette of the day after a 12-hour abstinence. Interestingly, the adverse effect of smoking in his study was reversible by the intravenous administration of 100 to 200 mg. of heparin [9). Our initial studies extended these observations to evaluate the effects on surfactant of cigarette smoke passed through presently avail- VO4 2, NO. g, MAY, 1966 349
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Sur/adon! in Chronic Smokdrs s of water- he type of the hyster- he surface 'factant ac- th) altered oke, while less delete- milliporc ie phase of it was seen dust. This ,ce activity tient bron- iumber of has arisen )r studying sidered as riation be- -ristical itney necessary bjects and ALUrS rs ,rea n increase '% surface aserved to ts had he- ll had pu- respintory disease (emphysema and/or chronic bronchitis), with 3 of this htter group having had hemoptyses. These disease processes un- doubtedly played a part in the alteration seen in the chronic smokers' surfactant curves. However, those smokers without apparent or overt pulmonary disease likewise showed the same decrease in surfactant ac- uvity. Cellular debris and plasma have been demonstrated to decrease the surface activity of lung extracts and bronchial washings, as have alterations in the vascular supply to the alveolar wall. Secretions and debris may therefore play a role in the marked alteration in surface activity in patients with pulmonary disease. The effect may be due to interference, destruction, or alteration of surfactant itself. It is also conceivable that sonie alteration could be due to a change in electrolyte content of the patients' alveoli since changes in electrolyte content in the hypophase (the fluid on which the surfactant floats) have been shown to alter surfactant curves [23). We have noted that smoking patients frequently improve their surface tension following the smoking of a cigarette, though never to ttormal. This is thought to be due to increased productive cough with cleansing of cellular debris and purulent material from the tracheobron- chial tree so that a subsequent bronchial washing is less contaminated. It is extremely tempting to compare the changes in surface tension seen in the chronic smokers with their pulmonary diseases, which in- dude atelectasis, pneumonia, and chronic bronchitis. These are the very lesions which would be predicted from an increased tendency to collapse and sell-adhesion of the alveoli of the smoking patient. The significant decrease in surface tension at 100% surface area may be a causative factor of emphysema. This disease has been demonstrated by a number of authors to be more common in cigarette-smoking patients [6, 18, 20]. There are additional effects of cigarette smoking which may be signifi- uant in the development of emphysema, such as inflamed and edematous mucosa, increased airway resistance [1], and depression of ciliary action with inability to move mucus out of the lower respiratory tract [4]. SUMMARY Studies of bronchial washings for surfactant activity with the Wil- helmi balance have shown a significant decrease in nonsmokers with pulmonary disease and in chronic smokers with and without demon- strable pulmonary disease. Mucoid or purulent secretions in them- selves cause a definite depression of surfactant activity in vitro and probably have this same effect in the lung. Regardless of the mecha- nisms, whether they be deposit of particulate matter, destruction of sur- factant, or stimulation of interfering secretions, it seems a reasonable conclusion that cigarette smoking is deleterious to pulmonary surfactant activity. 'VOL 2, NO. 3, N[AY, 1966 33t. '
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540 NOTES TABLE 1 8unracs Tsxalox Dli.tsvncvcxra• artcn rx 17tao Exrnscec or CANINE Puwon,tnr Sunr.cr..xr To WHOLE Clo.t.crrs SMOSc Tteten t'M4 5.ele E.p•nn 10 m8. dry 10 m6. saline 6 m8. dry 6 m&. saline Mna S.Au. Te.de. Mi.. Mu. 6* 2 65t6 8¢2 bbt6 20t3 62t8 24t2 61t6 Wrlet ~.~t nAni.ity 1.47 * 0.07 1.60 * 0.07 1.02 t 0.03 1.19 * 0.08 Gaa phaae 6me.dry • Dynea per centimeter. 1P~0.05. A,Mr %lek i.Ne E.ya.n Mr. EAAue TeWee E•'laLa~ IIHV Mie. Mu. 8ta 42t8t 8t3 43fat 21 a6 1 43 :t 1 t 20t2 4S>t4t 1.37 # 0.10 1.37 t 0.23 o.e6 * 0.04 0.60 t 0.07 20at6 60f9 i 1.01 t0.1: TABLE 2 Su...cs Tsxstox Ms.svncasxra• arnn ix Ylvo Exrosunc or pooa, C.tn, Ano Gurns.t Plae to {Ynots CroAnsrrs SnonE • 18 t 4 60 sk 6 ! 1.00 >t 0.43 CantnlA.4..4 Whole anluke Dogs Cata Guinea pigs Gat phase Guinea pigs Mu/ fer4n Tnwn Mla. M.r. 8t1. 5St5 831 43t3 9f3 60t8 7t2 58t8 S.d.clol Attiviy LWu 1.51 * 0.01 1.3D * 0.07 1.48 * 0.12 1.62 * 0.0D • Dyne.a per centimeter. t P ~ 0.05. Meu S.Aan Teole. Mm futete T.uk. rt.• S.rl.n.et Activity ferletwt Activity en• tnr . - th • MNnS.deFiysnn Allerf..ieE.pe.n lh x A . .. d varACC sxnox r To PLANT Ls tr Srocc EaatnEapaW Ae6e.l1 MW S.rUtlTn/iw ML. Mu. '10ta blt 10 8f1 48t2 7t4 47f2t 12t4 61t6 C ima ._.~ ima t•IrI •9t A.: etn •I.t ati - L.deaeel Anivily twa L9< 1'el = 11 - 0 ina, 1.30f0.2: aret tll 1.42 f 0.10 tllrrn : 0 1.45t0.08 Vill__ S, the mu 1.25 3 0.13 eon Dis.eenevsxra• sren Exroeuxe or C xexs Pet Bcaracr uoxAtt xT S T • MI. Me." tedu MIe. Mas • 4du t'e, = tl fiC .r tl Lettuce 1ea1 smoke Ih lOmB.dry 7f1 62t2 1.68f0.12 16tit 6Tt3 1.18*0.13 e.,t lOmB.aalinesolu• I 9 f 1 53 ¢ 5 1.44 >t 0.03 24 t 21 42 f 31 045 t 0.06 rh.~ e u u..n Avocado leaf smoke SL ID m8. dr1• 8 t 6 62 f 7 1.65 rS 0.26 16 d: 31 34 ok 2 ' Oo * 0.12 ' ear l f k e .mo Pine ea 10m8.dq 13f2 63t6 1.17t0.13 22l0} 42*2t 0.60*O.OS • Dynee per «ntimeter. A P - 0.05. tn 1 I-+ • N W avv~ CD .~~ tn ~ Ul A
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S. A. PRATT, T. N. FINLEY, M. H. SMITH AND A. J- LADMAN United States Public Health Service 1964 Smoking and Health. Repe,rt of the advisory committee to the Surgeon General of the Public Health Service, United States Department of Health, Education, and Welfare, Washington, Public Health Service Publication No. 1103, 387 pp- - ]96g The health consequcnces of smoking. A Public Health Service review: 1967. United States Department of Health, Edun- tion. and Welfare, Washington, Public Health Service Publication No. 1696, 227 pp. lVatls, W. R., 1V. A. Cook, J. VV. Lanius and R. R. Shaw 1967 Cigarette smoke and surfactant. Am. Rev. Resp. Dis., 95: 244-247. Weibel, E. R. 1983 Morphometry of the hu- man lung. Berlin: Springer-Verlag, pp. 9Y93. PLATE I EXPLANATION OF FIOJRLS 4 Alveolar macrophzees from a nsnsmoke: (L.E.). The cells contain poivmorph1c nuclci anc cnlp a fcw inclusions. (Phase contrast x 1520) 5 A!veolar macrophcges from a smoker U.G.). The cells contain poly- morphic nuclei and many incluriotts. (Phase contrast X 1520) . 6 At.eolar macropha;es from a smokcr (J.G.)- Some macrophages ccntaiu many small inclusior.e and others contain fewer but larger inclusior•.s. (Phase comrast Y. 1520) T Alveolar macrophaCes from a smoker (J.D.) This micrograph illus- trates the large size which the indusions can attain. (Phase contrast ,. 1520) /LACROPHAGES AND 9. A. Pratt, T. N. Fint
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~~ti_-:•r.:~.-.. tn~'Plr•R .. t~.. i~ -•.r.N-.rx. it.s.~.i,:a,.•,... anie agare[ce utterar•commqraWttm.csnnltera, 'ana.Two typea of water. 'bubble filtering systems t25).-'Diitict smoke, regarilleas" o'f the• type of cigarette filter through which it passed, drastically reduced the byster esis, lowered the surface tension at 100% area, and raised the surface tension at the 20% area, indicating marked depression of surfactant ac- tivity. Smoke collected from the oriental water pipe (hookah) altered tlre curves of bronchial washings exactly as unfiltered smoke, while smoke bubbled as microbubbles of approximately 100 µ had a fess delete• rious action on surfactant. Cigarette smoke drawn through millipore filten ranging from 0.4 to 1.25 p did not alter surfactant. One phase of this investigation showed that an identical effect on surfactant was seen with direct smoke and with the application of nonspecific dust. This suggests the possibility of mechanical interference with surface activity by particulate matter. Quantitative analysis of the information gained [rom patient bron- chial washings in the current investigation is subject to a number of hazards alluded to by Clements [7]. He states that confusion has arisen because the efficiency of commonly used extraction methods for studying surfactant is not known; the results obtained must be considered as qualitative, rather than quantitative. Because of the wide variation be- tween laboratories, each must establish its own controls and statistical criteria. Our probability (p) values were obtained by dte Mann-Whitney U Test [24] since the data do not meet the basic assumptions necessary for a I test (Table 2). The differences between normal subjects and TAII1.E 2. STATISTICAL COMPAR7SON OF SURFACE TENSION VALUES Of SUAFACTANT IN ShfOKING AND NONSMOKING SUBJECTS - wITH AND WITHOUT PULMONARY DISEASE' Groups Compared 20% Area 100% Area A and B .002 .02 A and C .002 .002 B and C >.10 >.10 •The p nlucs were dclermincd by Mann-whilney U Test. A. nomtal subjecls; U. pulmonary patieuu; C, duouic wnokersL smokers and between normals and patients with pulmonary disease are highly significant. The values for the smokers and pulmonary patients, however, are not significantly different. The presence of pulmonary disease was accompanied by an inerease of surface tension at 20% surface area and a decrease at 100% surface area. A ntunbcr of the disease states havc been previously observed to change the surface activity in the lung. Some o[ these patients had he- moptyses, sonre had chronic pulmonary fibrosis, and nearly all had pu- rulent secretions within the bronchial tree. Of the 19 chronic smokers, 5 bad pneumonia and 6 had chronic 330 THE ANNALS OF'nIORACIC SURGERY Wspiratory ' e~se.{~ _ group-1~aving:: latter , doubtedly played a par~° turfactant curves. Howe pulmonary disease likew tivity. Cellular debris at the surface activity of 1 alterations in the vascul debris may therefore pl activity in patients with interference, destructio conceivable that some a content of the patients' the hypophase (the fluid to alter surfactant curvc We have noted tl surface tension followi normal. This is thougi cleansing of cellular de chial tree so that a sub It is extremely ter seen in the chronic sn clude atelectasis, pneui lesions which would bt and sel[-adllesion of tt decrease in surface ten of emphysema. This authors to be more c There are additional cant in the developmc mucosa, increased air with inability to moi- SUMMARI' Studies of brow helmi balance have pulmonary disease a strable pulmonary t selves cause a defin probably have this nisms, whether they [actant, or stimuiat conclusion that ciga activity.
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PLATE 2 EXPI.A\AT1O\ OF FIGJRES NU. nucieus; Tt, mitochondrion; CC, Golgi complex; F, filaments g An electron micrograph of an alveolar macrophage from a nonsmokm (R.:d.). Small inclusions are scattered in the cytoplasm (arrows); they have varicus shapes and most of them contain moderately elen trmt den+c mmcvial. The surface of the cell e.Libits irregularly- sha;cd blunt projections. The nuclcus is polFmorphic and chronmatin is located mostly at its peripherS. A Golgi complex, mitochondria, hucdles cf filaments and small dense granules resembling glycogen particles occur in the qYoplasm. x 6500. 9 An electron micrograph of an alveolar macrophage from a smoker U.D.). This cell contsins many inclusions of various sizcs. Some inciusions have moderately electron dense contents (1); others show regions of hich electron density in their interiors (2) and still others contain regions which are iosc in electron density and appear homoeeneous (3). Concentrically arranged lines. apparently sections of latnellae. constitute parts of several inclusions (arrows). Numer. ocs mitochohdria and filamems can be seen in the cytoplasm. X 5500. 506
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n .r , •:$EF'EIlENCES ) _ • ~ ' ~ At ~~ . • : • . . _ ..~ . . ' . . . . . . . I. Attinger, E. 0. Goldstein, M. M., and Segal, M. S. Effect of smoking ttport tile medunia of breathing: I. In normal subjects. Anter. Rev. Tuberc. 7E:1, 1958. 2. Avery, M. E., and Cherwick, V. Alcenuons of dte alveolar lining layea in living rabbits. J. Pediat. 63:762, 1963. 3. Avery, M. E., and Mead, J. Surface properties in relation to atelectasis and hyaline membrane disease. Amer. J.13is. Child. 97:517, 1959. 4. Ballenger, J. J. Experimental effect of cigarette smoke on human respiratory cilia. New Eng. J. Mcd. 263:832, 1960. 5. Bondurant, S., and Miller, D. A. A method for prodttang surface active extracts of ntanlmalian lungs. J. Appl. P/tysiol. 17:167, 1962. 6. Chang. S. C. Microscopic prolxrtia of whole mounts and sections of human broncltial epithcliunt o[smokers and nonsmoken. Caauer 10:1246, 1957. 7. Clcments, J. A. Sudactant in pulmonary disease. New Eng. J. Med. 272: 1336. 1965. 8. Clements, J. A., Brown, E. S., and Johnson, R. P. Pulmonary surface tension and the mucus lining of tile hmba: Some theoretical considerations. J. dppl. Physiol. 12:262, 1958. 9. Cohn, J. E. Heparin and airway resistance. dnter. Rev. Rap. D'u. 92:316, 1965. 10. Cook, W. A., and H'ebb, W. R. Drug thetzpy and surfactant activity. Dall. Soc. lnt. Chit., in press. 1 I. Finley, T. N., Tooley, \4t. H., Gardner, R. E., and Clelnents. J. A. Pulmo- nary surface tension in experimental atelectasis. dmer. Rev. Itesp. Dis. 98: 372, 1964. 12. Gardner, It. E., Finley, T. N., and Tooley. W. H. The effect of caridio- puhnonary bypass on surface activity of lung extracts. Bull. Soc. lat. Chit. 21:542, 1962. 13. Gruenwald, 1'. 1'ulmonary stniace forces as affected by temperature. Arch. 1'a N,. 7 7:51i8, 1964. 14. Gruenwald, 1'. Patholo~7' of the res liratory distress syntlrome studied by artificial inflation of the ~unba. Arch. ath. 80:30, 1965. 15. H:nnilton, R. W., Jr., Hustead, R. F., and Peltier, L. F. Fat embolism: Tlte effect of particulate embolisnt on lung surfactant. Surgery 56:53. 1964. 1G. Klaus, M. H., Clements, J. A., and Havel, R. J. Composition of surfara actice material isolated hom beef lung. Proc. Nat. Acad. Sci. U.S.A. 47:1858, 1961. 17, Lieberman, J. Clinical syndromes associated with deficient lun fibrinolytic activity: 1. A new concept of hyaline membrane disease. New ~tg. J. Med. 260:619, 1959. 18. Lowell, F. C., Franklin, \U., Michelson, A. L., and Schiller, 1. tiV. Chronic obsu'uctive lwlmon:ry emphysema: A disease of smokers..ftul. huern. Mcd. 95:266, 1956. 19. Miller, D., and BonAttrant, S. Effects of cigarette smoke on tile surface chatactenstics of lung extracts. Anler. Rev. Resp. Dis. 85:692, 19G'L. 20. Mitchell, R. S., Tole. G., and Filley, F. G. The early lesions in pulmonaty emphyscnut. Aruc•r. J. Afcd. Sci. 243:409, 1962. 21. Paule, R. E. 1'roperties, function and origin of tile alveolar lining layer. Nah re 175:1125, 1955. 22. I':atle, It. P.., and Thomas, L. C. Lipoprotein composition of the film lining tile Iung. A'alure 189:844, 1961. 23. Sc:vpelli, E. M., Gabbay, K. H., and Kocbeu, J. A. Ltntg sur(actants, coun• terions and hystn-esis. Science 148:1007, 1965. 24. Siegel, S. Non-paramelric Stalistiu. New York: McGnw-Hill, 1956. P. 116. 332 7t1E ANNAIS OF THORACIC SURGERY NX The followi lYrilltrt L•x try on Septembt Oral Exam cations is June lP r tn w 00
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g the lni_ ,dditional added to ;In a fetr nediatelr Irocedtae ers were fficult to iext, the lented at a clinical xing be- vere fur- at 2500 tchieced. .rs were nsmoker rface ac- nce. The :d previ- obtained ° The tne _les -e begun several ubjected reported or meas- vn laver ]trifu8a- )repared le mate- Ive davs 5 M l~a 0-4eC, sinNa for two 0.15 M 7.4, and reagent spended ugation. lon 812 MACROPHAGES AND SURFACTAh7(?) IN HUMANS 499. ~ section from each of four to eight blocks ave classified as to cell type and counted. About 2500 to 7000 cells were counted for all but one brown laver (see E.V., table 1). Then thin sections of the blocks were ~ at and examined in a Hitachi HU-11C eleclron microscope. The sections were j daubly stained, first with a saturated solu- coo of uranyl acetate in 50"o ethanol for 3 to 5 minutes and then with lead citrate •r (8eynolds.'63) for three minutes. RESULTS Saline recovery from the smokers and ' aonsmokers was similar (table 1). How- ner, the fluid obtained from the non- t smokers was cloudy and foamy and that ~ from the smokers was light brown without ; foam. The mean total volumes of sediment ; in the lavage fluids from the smokers and tronsmokers were 0.39 ml and 0.28 ml, re- spectively. These values are not sieniR- canily different (P > 0.2). Neverineless, three sediments from the smokers were geater in volume than any of those from the nonsmokers. -wn lav- tions of i timated { ints on ie Epon r_4 by ~ ~Or .ne The amounts of brown and white layer material in the total sediments obtained from smokers and nonsmokers differed (fig. 1, table 1). The mean volume of the white layers from the smokers was 0.02 ml. Also, white layers were undetectable or were present in trace amounts in lavage fluids from four of the smokers. In con- trast• only one white layer from a non- smoker measured less than 0.1 ml. The mean volume for all of the nonsmokers was 0.14 ml which was significantly dif- ferent (P < 0.001) from the value obtained for the smokers. The reverse situation pre- vailed for the brown layers. The mean volume of the brown layers from the smokers and nonsmokers were 0.38 ml and 0.14 ml respectively (P < 0.02). More- over, half of the brown layers from the smokers measured 0.4 ml or more. None of the brown layers from the nonsmokers were that large. Summarizing these data, the brown layer constituted about 96% by volume of the total sediment obtained from the smokers and about 47%a of that ob- tained from the nonsmokers. TABLE I Recosenj of sallnr, brown and white ta9ers, and moerophages Saline reco,xrcd Volume while la]Tr Volume bro,s'n layer - Volume of brown layerin toial sediment Estimated macrophages in brown layer /< ml ml Sr % Smokers t J.D.(30-40) 53 0.01 0.20 95 99 P.L.(30-40) 60 0.05 0.40 90 92 M.Mc. (20-30) 83 tr 0.20 100 99 M.R.(40) 40 0 0.20 lo0 92 M.S.(20-40) 43 0.04 0.50 95 95 A.1. (60) 47 0 0.80 100 99 J.T. (20) 27' tr 0.20 100 72 1.R.(20) 58 0.05 0.50 91 99 Mean=S.D. 55y14 0.02~0.023 0.36'0.22 96= 4 93.t 9 Nonsmokers E.V. 66 0.20 tr 0 21 e D.E. 83 0.10 0.10 50 43 L.E. 66 0.10 0.15 50 67 tt'.D. 47 0.05 0.30 86 41 S.G. 73 0.20 0.05 20 59 D.R. 8o 0.10 0.10 50 99 L.C. 70 0.20 0.13 40 83 R.M. 66 0.15 0.30 66 90 Mean= S.D. 69- 11 0.14=0.06 0.14:t 0.11 47= 27 63227 s Numben in parentheses indicate the approximate number of eiiarettes smoked per day. sTube remai'ed bcfore recorery eompletud; this value was excluded from the mean percent of salin< rrcorered. s To obtain mean, trace amounts were arbitrarily assianed a value of 0.003 ml. 4 The recovery of brown layer u'as low and only about 500 eells were eoanted.
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498 S. A. PRATT, I. N. FiNLEY, M. H. SMITH AND A. J- LADMAN to determine the effect of smoking on the quantities of macrophages and white layer material in the lung and on the morphol- ogy of the macrophages. More alveolar macrophages and less white layer material were recovered from the smokers than from the nonsmokers. Furthermore, many macrophages in lavage fluids from the smokers were filled with cytoplasmic in- clusions; such macrophages were absent from the lavage fluids obtained from the nonsmokers. MATERIALS AND METHODS Endobronchial lavage was performed on eight smokers and eight nonsmokers; all of the subjects appeared to be healthy. The average age of the smokers was 27 years (range: 22-33 years) and all but one sub- ject smoked filtered cigarettes. Two of the smokers were females. The average age of the nonsmokers was 24 years (ranoe: 19- 27 years); three of the nonsmokers were females. One smoker «-as lavaged twice: several months elapsed between the lav- ages. The lavage procedure has been de- scribed previously (Finley et al., '67). Briefly, the airwav was anesthetized by local application of 1% hexvlcaine hvdro- chloride or lryc cvclonine hydrochloride. A 19F Metras catheter (American Rusch Cor- poration, New York) was passed into the trachea via the mouth and was then di- rected into a segmental bronchus x-ith the aid of a fluoroscope. The balloon at the tip of the catheter Ncas inflated to prevent leakage of fluid from the region to be lav- aged. The occluded segment was then lavaged with three 100 ml aliquots of saline and the total volume of the recovered fluid was recorded. The lavage fluid was centrifuged at 3000 x g at 0-4`C for about five minutes in a Sorvall refrigerated ultracentrifuge. The resulting sediment consisted of a lower compact brown laver and an upper flocculent white Iaver. Mucus, when pres- ent, floated at the top of the supennatant and was discarded. The supernatant was removed, and the brown and white layers were separated and placed in graduated centrifuge tubes. The supernatant was then centrifuged at 27.000 X g for 20 min- utes to sediment white layer material which had been stirred up during the ini- tial separation of the layers. Additional material which sedimented was added to the appropriate graduated tube. (In a few cases, the lavage fluid was immediately centrifuged at 27,000 X g. This procedure was abandoned because the layers were tightly packed and thus were difficult to separate from each other.) Next, the brown and white layers were sedimented at 2500 rpm at room temperature in a clinical laboratory centrifuge. If intermixing be- tween the layers occurred, they were fur- ther separated and resedimented at 4500 rpm until separation had been achieved. The packed volumes of the layers were then measured. One white layer from a nonsmoker (R.M., table 1) was tested for surface ac- tivity in a modified \Vilhelmy balance. The method was the same as that used previ- ously by us to study white layers obtained from dog lungs (Finley et al., '68). The white layer was mixed with 30 ml of saline and was then placed in the balance. Cycles of compression and expansion were begun immediately and continued for several hours. Other white layers were subjected to lipid analysis for a study to be reported later; thus. they were unavailable for meas- urements of surface activity. A known fraction of each brown layer was removed after the initial centrifuga- tion of the lavage fluid and was prepared for microscopical examination. The mate- rial was fixed for three hours to five days in 2.5% glutaraldeh}de in 0.075 M Na cacodelate-HCI buffer, pH 7.2, at 0-4°C, washed for 30 minutes to 48 hours in Na cacodylate-HCI buffer, postfixed for two hours in 1% osmium tetroxide in 0.15 M Sorenson's phosphate buffer, pH 7.4, and dehydrated in ethanol. As each reagent was added. the material was resuspended and then resedimented by centrifugation. All material was embedded in Epon 812 (Luft, '61). As will be shown below, the brown lay- ers consisted of cells. The proportions of different cell types present .vere estimated by performing differential cell counts on unstained 1-2 u thick sections of the Epon blocks. The sections were examined by means of phase contrast microscopy. For each brown layer, all cells included in one MACROPI section from eacb of four were classified as to cell tvl About 2500 to 7000 cell, for aU but one brown layer 1). Then thin sections of t cut and examined in a 17 electron microscope. The doubly stained, first with a tion of uranyl acetate in 5! 3 to 5 minutes and then n (Reynolds, '63) for three ii RESULTS Saline recovery from th nonsmokers was similar (e ever, the fluid obtained smokers was cloudy and I from the smokers was light foam. The mean total volut in the lavage fluids from t! nonsmokers were 0.39 ml : spectively. These values cantly different (P > 0.2) three sediments from th, greater in volume than an the nonsmokets. Recovery of S.nh. teeol. Smokers' J.D.(30--00) 5^. P.L. (30-40) 60 M.Mc. (20-30) 83 M.R.(40) 40 M.S.(20-40) 43 A.1.(60) 47, J.T.(20) 2-1 J.R.(20) 5s Mean :tS.D. 5: Nonsmokers E.V. 6, D.E. 8 L.E. 6• w.D. a- S.G. 7. D.R. S, L.C. R.M. 6i MeanmS.D. tn G N +Numben in Ln a- aTube xmw, w >ulinro obt .inrm, 00 • 7he recewry n tn r
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The Health Consequences Of Smoking CHRONIC OBSTRUCTIVE LUNG DISEASE a report of the Surgeon General 1984
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S 51538 5089
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e white reas the aph, the s, photo- -ytlrrocytes, I cells were ,r D.E. the )% ciliated ocytes and c, and 1% ne distribu- ippeared to ayers from ir, ciliated red in clus- r than that ~ necessary position of High pro- ever, were ayers from of the one from the ;i~ns (figs. ,om or from MACROPHACES AND SURFACTANT(?) IN HUMANS 'S01 Fig. 2 A portion of a brown la)er from a smoker (J.D.). Some cells are fslled with dense fnclu- sions; other cells contain only a few inclusions. Arrows indicate a possibly multinucleate cell. (Phase contr:st X 644 ) Fig. 3 A portion of a brown layer from a nonsmoker (D.E.). The cells contain only a few lnclu- sions. Some ciliated cells can be seen at the middle left of the micrograph. (Phase contrast x 544) the nonsmokers (figs. 3-4). Macrophages containing many inclusions were so char- acteristic in sections of brown layers from the smokers that thc brown layers from the two groups could easily be distinguished by an observer unfamiliar with the smok- ing history of the subjects. The cells which wer: filled with inclusions were some- times .ery large (up to 45 u in diameter) and occasionally appeared to contain more than one nucleus (arrows, f g. 2). The in- clusions were round, oval or elongate and varied in size, some measuring 20 u in diameter. The smaller inclusions usually appeared homogeneously dense, but the larger ones often revealed interior regions of varying density (figs. 6-7). A surcey of the brown lavers with the electron microscope provided evidence that most of the cells identified as macrophages with the phase contrast microscope were indeed macrophages. Two such celis are shown in figures 8 and 9. Many of the in- clusions in these cells resembled inclu- sions seen by others in alveolar macro- phages of lung biopsies (Karrer, '58, '60; Policard et al., '59; Weihel, '63). Other less frequently observed inclusions were m3de of concentrically arranged lamellae (arrows, fig. 9) and were similar to the so-called lamellated bodies of type Il alveo- lar epithelia] cells (Balis and Conen, '64; Sorokin, '67). The lamellated inclusions, however, usually occurred in cells which othetwise showed the morphology of alveo- lar macrophages (fig. 9). Thus, although a few epithelial cells may have been errone- ously identified as macrophages with the phase contrast microscope, their contribu- tion to the total percent of macrophages estimated for each brown layer was prob- ably negligible. One smoker (J.D.) was lavaged twice; nine months elapsed between the lavages
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A Comparison of Alveolar Macrophages and I Pulmonary Surfactant(?) Obtained from the Lungs of Human Smokers and Nonsmokers by Endobronchial Lavage' SUSAN A. PR47T, THEODORE N. FINLEY,' MORRIS H. SMITH AND AARON 3. LADMAN Drpartments of Asmlomy end Medicine, The Univenity of New Mexico, School of Medicine, Atbuqnrrqur, New Merico 87106 , v ABSTRACT Endobronchial lavage was performed on eight smokers and eight aor.,mokers. Centrifugation of lavage fluid produces a sediment consisting of two layersm a lower oompact brown layer containing cells and an Upper flocculent white laver. The broarn layers from the smokers were greater in volume than those from the nonsmokers. Macrophages constituted about 93% of the cells from the smokers and about 63% of the cells from the nonsmokers. These data sutgest that more free macrophages occur in the lungs of smokers than nonsmo)Cers. In addition, many of the macrophages obtained from the smokers „'ere fSled with e)•toplasmic inclusions. The volumes of „•hite layers from the smokers were smaller than those from the non- smokers. One white laycr obtained from a nonsmoker was examined in a Wilhelmy balance and proved to be suriace-actice. This may suggest that surface-active material, pulmonary surfactanq is reduced in Iat•aeefluids from smokers. Changes in trachea, bronchi and pul• monary parenchyma in experimental ani- mals and humans exposed to cigarette smoke are well documented (for reviews, see U.S. Public Hea;th Service Publications, '64, '68). In contrast, except for studies on bacterial inactivation by alveolar macro- phages (Creen and Carolin,'67). the effect of smoke on alveolar macrophages has been largelv neglected. LaBelle et al. ('66) found more free alveolar macrophages in rats inhaling a mixture of carbon particles and smoke from nonfiltered cigarettes than in rats inhaling carbon particles alone. Little is kncwn, however, about the re- sponse Of ai,eolar macropha,es in humans or experimental animals chronically ex- posed to cigarette smoke alone; a:at is, whether ar not there are greater numbers of free macrophages in the lungs after ex- posure and whether or not the macro- phages phagocytize the smoke products. Similarly. data on the effect of cigarette smoke on pulmonary surfactan: are limited. In general, the studies which have been done sugeest that cigarette smoke :lters some physical properties and/or the amount of surfactant in the lung (\tiller 1 , t parallel ,ranes (4 I i Axar. Rrc.. 163: 497-505. and Bondurant. '62; Cook and Webb, '66; Watts et al., '67; Giammona; '67). Alveolar macrophages and pulmonary surfactant can be removed from lungs of animals by lavaging the lungs with saline or other solutions (LaBelle and Brieger, '60: Myvrik et al., '61; Said et al., '68; Finley et al., '68). The lavage technique thns permits the study of material which is othens•ise difficult to examine and/or quantitate in lung sections. Furthermore, endobronchial lavage of humans (Finley et al.,'67; Ladman et al.,'67) enables stud- ies to be done on healthy volunteers. In the present study, alveolar macro- pllages and material thought to be pul- monary surfactant were obtained from healthy human smokers and nonsmokers by endobronchial lavage. Centrifugation of a Icvage fluid yields a sediment con- sisting of a lower brown layer which con- tains macrophages and an upper flocculent white layer. Lavage sediments from the smokers and nonsmokers were compared reseaxh erants from NIH (HE ' Suppo eted by 0?~5:-03. HE ]Z571-O1 and hAOLGM-1{935-OZ) and frrm lbe Council for Tobacco Research U.S.A. =l'resenl addres,: Aulmonary Physiology Latwra- tor9. Mount Zion Hospital, San rranci.co, California. WARNING: This tneterial may be cov.rW by copyright Iaw. 497 ~ DEPOSITION ~ EXHIBIT ~ ~ N• ~s
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S. A. PRATT, T. N. FIr.'r.EY, M. 8. SMITfS AND A. J. LADMAN ~ . Fia. I Lavage sediments from a nonsmoker (left) and a smoker (right). The white layer accounts for most of the volume of the sediment from the nonsmoker whereas the bro,n layer predominates in the sediment from the smoker. To obtain this photograph, the total sediments obtained by centrifuging at 3000 x g were spun In graduated tubes, photo- graphed, and then separated and measured individually as described in the text. A white layer from a nonsmoker ex- hibited surface activity in the modified CVilhclmy balance suggesting that pulmo- nary surfactant was present. The surface tension decreased to 5 dynes/cm as the surface area was reduced from 60 cm' to 10 cm'. White layers from the smokers were inadequate for measurements in our balance since only small quantities of ma- terial were obtained from that group. Cells constituted the brown layers (figs. 2-7). As shown in table 1, 92% to 99ho of the cells from seeer. of the smokers were macrophages. The brown layer from the eighth smoker (' T.) contained many neu- trophils. Althou;h the latter smoker ^p- peared to be healthy, be may have had a mild pulmonary infection. In contrast to the smokers, the percent of macrophages in brown layers from the nonsmokers was quite varied and ranged from 21 c/r to 99% . The remaining cells were mostly ciliated and goblet cells; some neutrophils and small lymphocytes, and a few erythrocytes, squamous cells and unidentified cells were also present. For example, for D.E. the differential cell count showed 50% ciliated and goblet cells, 5,5% lymphocytes and neutrophils, 0.5% erythrocytes, and 1% other cells mentioned above. The distribu- tion of the different cell types appeared to be nonrandom in some brown layers from the nonsmokers. In particular, ciliated cells and neutrophils often occured in clus- ters. Therefore, a sample larger than that examined in this study may be necessary to estimate accurately the composition of brown layers from nonsmokers. High pro- portions of macrophages, however, were found in all sections of brown layers from the smokers with the exception of the one brown layer mentioned above. Many of the macrophages from the smokers were filled with Inclusions (figs. 2, 5-7). Such cells were absent from or only rarely observed in brown layers from Fig. 2 A portir sions; other cells I contrast X 544) Fir. 3 A portv- sions. Some ciliai- the nonsmokers containing man• acteristic in sec; the smokers that two groups cou; by an observer : Ing history of th were filled wit times very larg( and 'occasionall~ than one nuclei dusions were t - varied in size, diameter. The appeared hom, larger ones oftu of rary' ^n< As If electro most 0 tn )st '' .ll with tl W sc Indeed OD pl tn m ~ w tn
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WqOuner, Jos.ph E. lNt.bollsm of Smoke Constituents I
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5. A. PRATT, T. N. FINLEY, M. H. SMITH AND A. J. LADMAN and the same lung segment was lavaged both times. The results of the second lav- age (not included In table 1) indicated that endobronchial lavage provides repro- ducible results. The brown layer measured 0.40 ml and only a trace of white layer ma- terial was present. Furthermore, 99% of the cells in the brown layer were macro- phages and this brown layer was micros- copically indistinguishable from that ob- tained earlier. DISCUSSION Lavage fluids from smokers contain more macrophages than lavage fluids from nonsmokers as indicated by the greater volumes of the brown layers from the former group. A difference in the sizes of the cells from the two groups did not ac- count for the difference in the volumes of the brown layers, even though some cells from the smokers were relatively large (compare figs. 2 and 3; and figs. 4 and 5). Furthermore, about 93% of the cells from the smokers were macrophages as com- pared with a mean of 63% in brown layers from the nonsmokers. Although high per- centages of macrophages were observed in three brown lavers from nonsmokers (D.R., L.C., and R.M., table 1). the volumes of these brown layers accounted for 50%, 409c , and 607r, respectively, of the total volumes of the sediments as compared with the range of 90% to 100% observed for all of the sediments from the smokers. The three nonsmokers mentioned above were lavaged later in the study and the effi- ciency of the procedure may have improved by that time, thus reducing contamination by other cells. Based on the above data from lavage studies. we infer that more macrophages occur in the lungs of smokers than in the lungs of nonsmokers. Mellors ('56), utiliz- ing sections of rat lung. observed more alveolar phagocytes in rats exposed to cigarette smoke than in unexposed rats. In a similar study of sections of lungs, granu- lomas containing brown pigment and lipid we:c• observed in dogs exposed to cigarette smoke (Auerbach et al.. '67). Excess macrophages may be produced in the lungs of smokers because of the need to remove the inhaled products of cigarette smoke. A similar response to other foreign materials such as dust, dye particles and carbon particles has been proposed often by workers examining sec- tions of lung (Robertson, '41; Bertalanffy, '64). Recently, this has been confirmed by studies utilizing lung lavage; saline wash- ings of animal lungs exposed to dust con- tain more macrophages than saline wuh- ings of control lungs (LaBelle and Brieger, '60; Ferin et al., '65; Rasche et al., '65). Other factors may also contribute to the excess of macrophages observed in the lungs of smokers. Macrophages may be eliminated less effectively from the lungs of smokers than from the lungs of non- smokers. Many studies indicate that cigar- ette smoke inhibits ciliary action and mu- cus flow in bronchi and in the trachea (Hilding,'56; Dalhamn,'59; Falk et ai.,'59; Ballenger, '60). This effect of smoke on the upper respiratory tract may retard re- moval of some macrophages via the air- ways and cause the macrophages to ac- cumulate in alveoli and bronchioles. Macrophages filled with inclusions are characteristic of brown layers from smokers. Some of the inclusions may be products of cigarettle smoke which have been phagocytized. Fluorescent material, believed to represent smoke products, has been observed in alveolar macrophages of rats exposed to cigarette smoke (Mellors, '5S). However, some of the inclusions may be structures formed by the macrophages themselves. In this connection, lysosomes, the particulate cytoplasmic organelles be- lieved to sequester and sometimes destroy foreign material taken up by cells (deDuve and Wattiaux,'66), may increase in num- ber in alveolar macrophages phagocytizing smoke products. White layers either are absent from lavage sediments from smokers or they are considerably reduced in volume as compared with white layers from non- smokers. 'Similar white layers can be ob- tained by endobranchial lavage of dogs; they are surface-active and thus contain pulmonary surfactant (Said et al., '68; Finley et al..'68). The data of the present study are too limited to permit a conclu- sion about the composition of white layers from humans. Nevertheless, the one white layer tested was surface-active, suggesting that white layers of human lavage sedi- ments may also ca is so, then surfat lavage fluids fn. Webb ('66) obset washings from minimal surface washings from t their study, the .vw contained too liu low surface tenai, their balance. H, washings from tll interfered with ah ACRN< We are indebte and Mrs. Ann AI assistance. LiTEI Auerbael, 0., E. C L. Garfinkel 19, dogs by eigareUc 246. Balis, J. U., and P. alveolar inclusir lung. Lab. 1mr- Ballenger, J. J- ' cigarette smok- New Eng. J- M,Benalanity, F. I structure, histol: I. Review and L Cytol., ]6: 233-: Cook, w, A., and + in ehronic .mo. 327-333. Dalhamn, T. 19 smoke on eiliar tory tract. ArcldeDuve, C., and of lysosomes. A Falk, Ii. L., H. T. Effect of cigan on ciliated muc: Cancer Inst., 2 F2rin, J., G. UrL Pqlmonary cl, macropnages. : Finley, T. N., E. T Huber and A. . monary lavage with obstructi+. 66: 651-658. Giammr-- R. smol pl., fact: . I Green, r a, pres N en oltrc W etei pha Hildin N " 1 C. brm ~ ar, J tn
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100 em' and on tomproaaita was 20 cm! The area to be compressed was lived completely with Te6on tape to ensure against kus of aurhetant. The force of surface tendon was measured as the vertical force exerted on a frosted platinum rider ae meaa- nnd by a Banborn stnin tau{e transducer on a Mostly X-Y recorder. The )owat value on am- pre.eion, ot minimd aurface tendon, has been found in this laboratory to be Iraa than 15 dynes per centimeter for pulmonary aurfactant from a11 species; the bi{heat value on e:paoeion, or maximal surface teneion, has bea found io this labo'atory vot to exceed 70 d}va per centimeter. A wrfactant activity index (BAi) was calculated for each deter- mination by use of the formula ae suggested by Clementa: BAI = 2 X (ST muimum - ST minimum/ST madmum + ST minimvm)! The higher the aurfaetant activity Index the more aur- (eee activity 1a andderod to be present in the lining k.er of the lung. Five dogs, 6 ata, and 20 guinea pip were exposed in oivo in aeparat.e a6ea in a specially constructed plastic chamber to an indit'idual aerosol of ei9a- rette amoke. The dop and cats weee expoaed three houra daqr for one week, and the guinea pite were exposed three hours daily for three weeks. In the chamber the carbon dioxide level woe Mn than 1 per cent and the oxygen tenaion percentage was between 16 and 19 volumes per eent. At the end of the period the animals were aacri6ced by intra- venoue injectione of pentobarbitel. After in vitro exposure of pulmonary surfactant to cigarette emoke, both dry and in saline wlu- tion, there wae a aignifinnt decrease in the max- imal surface teneion with an aver.=e fall from 55 2 It dynes per centimeter to 61 s 3 dynes per centimeter (P < ODS). Then was no significant ebanp noticed in the minimal aurfaa tenxion (table 1). Five mt. of the dry pulmonary aur- laetant was eapoaed to the gas phase only. and no iuni6tant di!(ereneea were observed in the . maximal or minimal surface tension. There was no .ijniSrant change in the audactant activity indax. During the in v(uo studies the animalt first developed frequent tneeainL and, a gradual onset of ktharp that peraiated for ene hour after the amokmj expaeun. Tberm wen no mortalities dur- i,ng the teats. There was ao aipi6cant change in surface ten- aion obeerrcd in lung extracts from the dop and ab exposed irn atvo to the whole cigarette amoke (table 2). RLe lung azhaeta from the guinea 9iZnnrnonca-. U988? .,f araMno. .! irn:n cul. -:. am aiherclc 1,'-.rutun'. :! .tJeJicine ' Beowv, E. 8. John.on. R. P. and Clementty J. e Clemeat., J. A, Huatead, R. F. Johnaon. R. P. A.: J. Ap!d.Phfiol,1G19, 14.717. aad Gribt:ta, F.: J. AppL Phyaol,1910, 16,444. • EFFECTS OF CIGAItETTE SdI01CE AND PLAAT SMOKE ON PULMONARY SURFACTANT' i3oodunnt and )tfiller' haw reported w(n- aeaae in the surface ampreaibility of lung ax- traote of rate after exposure to cigarette amake both in vitro and in aiuo. They suggested tlut alterations of surface forae may play a role In the patho!!eneeia of cigarette smoke-induced em- ph,rrma. The preeent aWdy was designed to evaluate further the effeets of ciprette smoke on pul• mnnary aurfactant and to ampne theae reaulta with the eBecte of other plant kat amoka en pulmonary turbclant. - Pulmonary eurfactaat w.a obtained from normal dop and rats by the foam fraetionation method! Twaty-mg. samples were expoeed in a alsn chamber to whole eiprette smoke or to gas phase ot cigarette smoke. Cigarette emoke was obtained with the Phippe and Bird smoking machine using - a etandardixed ei6arotte prepared apecially by a cigarette company. The gas and particulate phaan wore separated by a Cambridge filler.' Each wrfaetmt sample was expoetd for three hour., and then 10 mg. of the amoke•expoecd aur- faetant were pleral in 200 m!. of saline in a Teflon tray lined with Teflon tape. The lettuce leaf smoking product was burned in the Phipps and Bird rmo):inj m+chine; the avocado kaf and the pine leaf were Mtmcd in sealed glass 6uke to obtain smoke. Ten mg. of the normal pulmonary surfaetant (dry) and 10 m=. in aaline solution wen: exposed for periods of three hours to lettuce leaf emoke, aVocado leaf amoke, or pioe leat amoke. Surface tentdon detenninatione were made ueinst a modified R'ilhelmy aurfare 6tm balance: Afkt the eatrart aged one hour in the trough, presumably formint a monomolecular layer at the air-fipuid interphaee,the surface of the extract was alternately compressed and expanded to its origical dimeneione at the rate of one cycle per 110 aeconde by means of a motor driven Teflon barrier lying aerou the trough. The total surface area on expaneion was t Thia project was supported by a grant from the American D[edial Association, Education and Re- search Foundation, Committee for Research on Tobacco and: Realth; and by t<raota from the American lieut Aeeo.tiation, the Buv Coast Heart .t.ac!atioo, and the Fbrida Tuberculosis and ke:piratory Diseases Aaveiation. '>IiUcr, D, and Sondunnt, &: Amer. Re.. Reap. Dia,19@, S6, 00. ' Giammona, 8. T, Iiorner, D, and )3ovdurant, 8.: J. APpI Phyaio1,1968,l0,33S. ' LCartmao. \1'.8, Coabil6 E. C.: ad Harlow, E. B.: Anal. Ckem 19".Dl,170S. iS9
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understanding of the g, but the important revent children from .ose who now smoke to benefit from quitting ,oked. As this Report :ument lung function Fs-smokers can look ong-term and possibly arch studies using two ocuses on the role of juit smoking, the other tms. Both can have a r of smokers in our Drug Administration :ians can prescribe for iv- shown encouraging ,mplete behavior er, that nicotine ne must be strongly meet with long-term N report on cigarette ' the population is not and chronic bronchitis er survey finding that ent of smokers, did not ysema. Over a third of !nt of smokers do not r health professionals smokers to quit. As in health care cornmuni- !nt in whatever way rette smoking on our ng and by encouraging is only through efforts
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...",.. • . REYNOLDS TO8AOC0 ANY , ' . ~ ~ REfEARCH OE~ARTMENT • ` ~' ' Job No7 0 D K/tE~-O-' •U11Y 7T~•r% Iav&. 1 ,! 4µ 3 .?3 •-- ~ 4 " y - - C' j7y R L. . ~. , . _ _ . . r. wrw w~ w D.N.".
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® .Syaaa'Al.•Na+t, a, a OK, IOHN W. LANIVS. AND RAW tebruary !8, 1968) xoded in a TeBoo trough filled with bronchial hings from aamal dog.. The eurface len:on ea acting on the pW)mum strip were measured a Cahn eke4ieal balance calibrated to record aee tmaioa in dynea per centimeter. The aur. : anea waa eontnated and expanded from 100 eont to 20 per acnt by a TcOou barrier extend- barely beneath the tuniaee and thus eomhrers- ody the surface layer of the fluid with IlN 'aetatt which, by definition, must film on the faee• The surface arca was evaluated by a linear uducer and recorded simultaneously on the oatoo S-Y eecorder. The entire mechaniam i enclosed in a dust shield, and complete olan- s and laek- of oantamination were assured by use of a aaline control prior to each detu- 4tlon. lrona6ial washings were obtained from dogs athetised with thiopental by aspiration of ON ilable fluid after injection of 30 ml. of isotonic oe down the endotraehal tube. After each rple bad been allowed to cure in the trough for )roxirnately 50 minuta, control curves were run, er which the extract was treated by nmoke. :D •' - first eet of experiments, smoke was col- dnwing air through a cigarette into a 1. 100 ml. were blown onto the surface o' rbled under the surface of isotonic saline or of bronchial washings. In the second set of experi- ota, cigarette smoke was collected from a coni- rcial cigarette (Tareyton®) containing a fdtet cellulose acetate and activated charcoal. AD- ter set of experiments was nm ulilising a cigr. te (Half and Helf®), which has a filter eom. ed only of cellulose acetate. In other ,eriments, the cigarette emoke was draue ough millipore filters having sius of 125 y Ipand0.40v. in another set of experiments, smoke was col- ted from a Turkish water pipe. The houka ned the smoke through a 3 mm. tubing to hutr I through approximately 6 cm. of water. To teD aller ®oke bubbles, cigarette smoke was bub d through a acintered glass bubble dispersioa it, which produced microbubbles approximately )) in diameter. The final aot of experiments determined the xta of nonspecific dust obtained from floa eepiDp on both aaline and bronchial washinge. Resucrs The results are tabulated in table 1. The atrol curves of bronchial washings takeD im 11 dogs showed extensive hysteresis and aged from 60 = 1(mean t standard error) CIGAYHI9E 81L0[E AND SStRFACTANT 2 . •.-r , . r TABLE 1 Fd/acr or ('•IOA1i7TL SNOQ AND NONR601rrc Doa7 ON SaLtNa AND BtONCNIAL'19AfNINOs N.. ef gpdsr 39% M• P /aa; M• P tuh'Y.y ladrat Qsdrol....•....• 11 7.1 t 0.8 60.7 f 0.4 1•00 INroet amoke..... 10 18.7 f 0.9 <0.002 45.8 f 0.7 <0.002 0.84 Ilaerobubbla.... 7 22.0 * 1.3 <0.002 45.8 t 1.4 <0•002 0.05 Ilierobubbla..... 6 8.0 t 1.0 >0.10 55.9 f 2.0 50.05 1.49 Ihut............• 8 25.0 t 2 <0.001 62.0 f 2.0 >0.10 0.85 • Mean * standard error. ( Stability index ie determined by range of tension/mean tension or maximal-minimal/one bal( mu ml + minimal. n c wu=4~ a.. I r.i,,.. y C JY .o so u ovwcs/cn. Fia. 1. Typical surfactant curva showing the alteration after cigarette smoke has been blown onto the surface of bronchial washings. A. Tareyton® with filter. B. Half & Halfe. Surfactant curves shoeing minimal effect of toicrobubbla and the pronounced effect of large bubbles, which is the aame as that of direct smoke. C. Effect of dust from the labora- tory floor on dog bronchial washings and on saline. at the 100 per cent area down to 7±• 1 dynes per centimeter at the 20 per cent area (figure IA). The cigarette smoke that had been drawn through miUipore filters ranging from 0.10 to 125 µ did not alter the surfaetant, as die resultant curves were esxentially identical to the controla Direct smoke, regardless of the type of cigarette filter (five cellulose acetate and five cellulose acetate with charcoal) through which it may have been passed, draatically reduced dhe hysteresis of the curve, lowered the sur- face tension at the expanded area, and raise the surface tension at the 20 per cent are (figure IB). Smoke collected from the water pipe altere the curves of bronchial washings exactly a the direct smoke. Smoke bubbled through wate as microbubbles produced no change in sut face tension at the 20 per oentt area and onl. a slight reduction to 56 * 2 dytxs per anti meter at the 100 per ant area (P < 0.05). The effect of dust an bronchial washjng was qualitatively, though not quantitativeh m
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_ • .: REYNOIDS TOBACCO SANY. _. !!=EARtf1 DWARTM@tT EuI+N~+ fl.lusrt,ollF„&. (n.c) ServM.n~t e<•.tliiionIjc~~0c}t9auc. po~. DP.C s'!e lI( l ......l..e.. •....__ ' ......».. . m ......i -- L1P_.S~ ' SiM•Nt/Al'tllcwrytr110>}c I~ne R SiIiLA (..P_.1 (p + JrfL~;tlrt~ V 6 --- vA ._A ~~lif .[1 GP.I h T [wsuM ~ ~OA rFctl'.l1 6. ~ f' l.ira_ lw~ C~ 't u/ /_ (tn ry ,.~..,.....: ~+~ *E' 4Yrr~nim,e.o,p,alaI- 4:~+s 7 W ...l~ .~ N ~~~~~~SET•~y1Y t~±$nM~-j~M m .r r. rw. .... r v
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J. REYNOLDS TOBAGCO~.,~PANY . ' :. REfEMION OEIARTMIB~IT Subl°e+ Sit&_ Do /0 ~ w ,ob W .20 ~ *~ 178755 - sq' ;V Go-1..~}.I eLMt., . .03 2 ,/(e 3 ,y +~ ~7 ~ syy r4 09` T ~ - . SelvaQ _ ~.~.~.~....,. -- -- ef k_f, i 1:2 ff Ab" ~ W~ ft~ Do%& 0~
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Research scientists continue to expand our understanding of the process by which cigarettes damage the lung, but the important public health focus must shift to how to prevent children from becoming cigarette smokers and how to help those who now smoke to quit. Helping Smokan Oult Smokers can realize a substantial health benefit from quitting smoking, no matter how long they have smoked. As this Report states, sufficient evidence now exists to document lung function improvement in smokers who have quit. Fs-smokers can look forward to improved future health, avoiding long-term and possibly severe disability, or even death, from COLD. Two chapters in this Report summarize research studies using two vastly different cessation approaches. One focuses on the role of physicians in assisting patient populations to quit smoking; the other looks at communitywide intervention programs. Both can have a significant impact on reducing the number of smokers in our population. In January of this year, the Food and Drug Administration approved a nicotine chewing gum that physicians can prescribe for their patients as an aid to cessation. Studies have shown encouraging results when the gum is used as part of a complete behavior modification program. It must be cautioned, however, that nicotine chewing gum is not a magic cure. Smokers must be strongly motivated to quit or they are unlikely to meet with long-term success. Public Attitudes and Knowledpe In 1981, a Federal Trade Commission staff report on cigarette advertising revealed that a sizable portion of the population is not aware of the link between cigarette smoking and chronic bronchitis and emphysema. The report cited a 1980 Roper survey finding that 59 percent of the population, including 63 percent of smokers, did not know that smoking causes most cases of emphysema. Over a third of the general population and almost 40 percent of smokers do not know that smoking causes many cases. It is quite clear that physicians and other health professionals must redouble their efforts to persuade more smokers to quit. As in previous years, I call upon all aegments of the health care oommuni- ty to provide assistance and encouragement in whatever way possible to reduce the health impact of cigarette smoking on our society, by helping their patients to quit smoking and by encouraging our young people not to take up the habit. It is only through efforts
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FOREWORD The 1984 Report on the Health Consequenoes of Smoking consti- tutes a statecf-the-art review of the information currently available regarding the oeeurrence and etiology of chronic obstructive lung diseases. 7`nditionally, chronic bronchitis and emphysema have been subsumed under the term chronic obstructive lung diaeases (ODLD). It is now recognized that OOI,.D comprises three separate, but often interconnected, disease prooeasea: (1) chronic mucus hypersecretion, resulting in chronic cough and phlegm production; (2) airway thickening and narrowing with expiratory airflow obstruction; and (3) emphysema, which is an abnormal dilation of the distal airspaces along with destruction of alveola.r walls. The last two conditions can develop into symptomatic ventilatory limitation. Although there were scientific reports of a link between cigarette smoking and respiratory symptoms as early as 1870, it was not until the comprehensive review in the first Report of the Advisory Committee to the Surgeon General in 1964 that the nature of the observed association was officially recognized by the Public Health Service. At that time the committee concluded that Cigarette smoking is the most important of the causes of chronic bronchitis in the United Sutas and inereases the risk of dying from chronic bronchitis and emphysema. A relationship exists between cigarette smoking and emphysema, but it has not been established that the relationship is causal. On the basis of the evidence reviewed in this volume, we are now able to reach a much stronger conclusion: Cigarette smoking is the major cause of chronic obstructive lung disease in the United States for both men and women. The contribution of cigarette smoking to chronic obstructive lung disease morbidity and mortality far outweighs all other factors. The Importance of Chronic Obstruetlve Lung Disease Previous Reports on the health consequences of smoking empha- sized the impact of cigarette smoking on mortality from smoking- related disease. It is estimated that more than 60,000 Americans died last year owing to chronic obstructive respiratory conditions ® 0 ® ®
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dust, dve has been ning sec- rtalanfly, firmed by me wash- dust con- tne wash- J Brieger, al., '65). te to the d in the : may be the lungs ; of non- hat cigar- and mu- trachea trachea et al., '59; smoke on retard re• a the air- ;es to ac- are 'rs from .s may be iich have material, iucts, has ,phages of (Mellors. ;sions may ,crophages lysosomes, inelles be- es destroy s (deDuve ;e in num• Lgocytizing sent from s or they olume as (rom non- -an be ob- s of dogs; us contain t al., '68; :he present a conclu- •hite layers one white •esting sedi- I I AND SURFACTANT(P) IN HUMANS ments may also contain surfactant. If this is so, then surfactant may be reduced in larage fluids from smokers. Cook and Webb ('66) observed that whole bronchial xasbings from smokers exhibit higher minimal surface tensions than similar uashings from nonsmokers. Perhaps in ~ their study, the washings from the smokers contained too little surfactant to achieve •, iow surface tension at the minimal area of their balance. HoweverN excess cells in the rashings from the smokers may also have ~ interfered with their measure.ments. ' ACKNOWLEDGMENTS ti We are indebted to Airs. LaVerne Brewer ( and Mrs. Ann Munger for their technical ~ assistance. Auerbach C LITERATURE CITED ., E. C. Hammond, D. Kirman and . ~ L Garfinkel 1967 EEmphysema produced in dogs by cigarette smoking. J.A.M.A., 199: 241- 246. ~ Balis, J. U., and P. E. Conen 1964 The role of f alveolar inclusion bodies in the developing ~ lung. Lab. Invest., 13: 1215-1229. {&llenger, J. J. 1960 Experimental effect of r eigarette smoke on human respiratory cilia. ' New Er.:. J. Med.. 263: 632-835. i Bertalanflg. F. D. 1964 Respiratory tissue: ~ structure, histopathology, cytodynamics. Part I. Reaesc and basic cytomorphology. Int. Rev. j Gytol., 16: 233-328. . { Cook, W. A.. and tt'. R. Webb 1966 Surfactant + in chronic smokers. Ann. Thoracic Surg., 2: 327-333. .~ Dalhamn, T. 2959 The effect of cigarette r smoke on ciliary activity in the upper respira- tory tract. Arch. Ololaryng., 70: 166-168. s deDuve, C., and R. t','attiaux 1966 Functions t' of lysosomes. Ann. Rev. Physiol., 28: 435-492. t Talk, H. L., H. M. Tremer and F. Kotin 1959 ` Effect c! cigarette smoke and its constituents 1 on ciliated mucus-secreting epithelium. J. Nat. ~ Cancer Inst.. 23: 999-1012. 1 Ferin, J., G. Urbankova and A. Vlckova 1965 ' Pulmonary clearance and the function of j macroph:ges. Arch. Env. Health, 70: 790-795. 1 Finley, T. N., E. W. Ssvenson, W. S, Curran. G. L. t Huber and A. J. Ladman 1967 Bronchopul- • monarv lavage in normal subjects and patients t with obstructive lung disease. Ann. lnt. Med., " 66: 651-655. , Giammonn. S. T. 3967 Effects of cigarette '' timoke and plant smoke on pulmonary sur. factcnt. Am. Rev. Resp. Dis., 96: 539-541. ' Green, G. al.. and D. Carolin 1967 The de- ~ pressan'. eRect of cigarette smoke on the iu ~ eitro antibacterial activity of ah•eolar macro- ( phages. New Eng. J. Med., 276: 421-427. , Bilding, A. C. 1956 On eigarette smoking. !1 brunchia carcinoma and ciliary action. 11. t 503 Experimental study on the filtering action of cow's lungs, the deposition of tar in the bronchial tree and removal by ciliary action. New Eng. J• Med.. 254: 1155-1160. Karrer, H. E. 1958 The ultrastructure of mouse lung: the alveolar macrophage. J. Biophys. Biochem. Cytol., 4: 693-700. - 1960 Electron microscopic study of the phagocytosls process in lung. J. Biophys. Bio- ehem. Cytol., 7: 357-366. LaBelle, C. W., and H. Brieger 1960 The fate of inhaled particles in the early postexposure period, 11. The role of pulmonary phagocytosis. Arch. Env. Health, 1: 423-427. LaBelle, C. W., D. M. Bea•ilacqua and H. Brieger 1966 The -influence of cigarette smoke on lung clearance. An experimental approach. Arch. Env. Health., 12: 688-596. Ladman, A. J., S. A. Pratt and T. N. Finley 1967 Exfoliativp cytology of the lung alveolus: preliminar]' electron microscopic observations on cells obtained in civo from human lungs (abstract). Proeeedinis Tw'enty-8fth Anniver- sary Meeting Electron Microscopy Society of America, Edited by C. Arceneaux, Baton Rouge: Claitor's Book Store pp. 42-43. Luft, J. H. 1961 Improvements in epoxy resin embedding methods. J. Biophys. Biochem. Cytol., 9: 409-414. Mellors, R. C. 1958 Microscopic loeal'uation of tobacco smoke products in the respirctory tracts of animals exposed to cigarette smoke (abstract). Proc. Am. Assoc. Cancer Research, 2: 325. Miller, D., and S. Bondurant 1962 Effects of cigarette smoke on the surface characteristics of lung extracts. Am. Rev. Resp. Dis., 85: 692-696. Myvrik, Q. N., E. S. Leake and B. Fariss 1961 Studies on,pulmonary alveolar macrophages from the normal rabbit: A technique to pro- cure them In a high state of purity. J. Im" munol., 86: 128-132. Policard, A., A. Collet and S. Pregermain 1959 Recherches au microscope electronique sur les cellules parietales alveolaires du poumon des mammiferes. Zeit. f. Zelltorsch., 50: 561-587. Rasche, B., W. T. Ulmer and L: D. Leder 1965 Zur Wirkung von Aluminiumchtorid-Aerosol auf die Reaktionen der Alveolannakrophagen naeh Quarrbestaubung. lnt. Archiv Gewerpathol. Gewerbehyg., 21: 193-206. Reynolds, E. S. 1983 The use of lead citrate at high pH as an electron opaque stain in electron microscopy. J. Cell Biol., 1'+: 208-212, Robertson, A. ;1941 Phagocytosis of foreign ma- terial in the lung. Physlol. Rev., 21: 112-139. Said, S. I.. W. R. Harlan, Jr., G. W. Burke and C. M. Elliot 1968 Surface tension, metabolic activity, and lipid composition of alveolar cells in washings fromm normal dog lungs and after pulmonary artery ligation. Importance of a highly surface-active acellular layer. J. Clin. Investigsticn, 47: 336-343. Sorokin. S. P. 1967 A morphologic aud cyto- chemical study on the great alveolar cell. J. Histochem. Cytochem., 14: 884-897.
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.D and allied oonditions). :al evidence, it may be 80 to 90 percent of these of the GtOLD deaths can premature because these if they had not smoked. s less than estimates for sart disease (170,000) and is represents a significant upon society than OOLD rs only after an extended rith disability from COLD ! progresses to a degree of sive loes of lung function ern shortness of breath, the morbidity associated ize that the frequency of at reported for any other xnt of individuals with ctivity; 27 percent said it and 73 percent reported Yding year due to .physema than with i,..y. More recently, the estimated that over )0 ic bronchitis or emphyse- s Reports (The Health ,e Health Consequenees of ising rate of lung cancer or men. As this Report i and women for COLD is otal deaths from COLD 1980, the male-to-female in 1980. This epidemic s their later uptake of disease most people usually associate with smoking. In heavy smokers, this risk can be as much as 30 times the risk in nonsmokers. Perhaps even more important, in studies of cross- sections of US. populations, cigarette smoking behavior is often the only significant predictor for COLD. Even after 30 years of intensive investigation, only cigarette smoking and a,,antiprotease deficiency have been established as being able to cause COLD in the absence of other agents. The decline in lung function with age is steeper in smokers than in nonsmokers, and the rate of decline increases with an increasing number of cigarettes smoked per day. This e:cess decline in lung function in smokers reflects the progressive lung damage that can eventually lead to symptoms of OOLD and ultimately death. Therefore, it is not surprising that the risk of death from COLD increases with an earlier age of smoking initiation, number of cigarettes smoked per day, and deep inhalation of the smoke. Abnormal lung function can be demonstrated in some cigarette smokers within a few years of smoking initiation. These changes initially reflect inflammation in the small airways of the lung and may reverse with cessation. Beginning in their late twenties, some smokers start to develop abnormal measures of expiratory airflow, an exceas decline in lung function that continues as long as they continue to smoke. Some of these smokers will develop enough functional loas to become symptomatic, and some of those who become symptomatic will develop enough functional loss to die of COLD. When the smoker quits, the rate of functional decline slows, but there is little evidence to suggest that the smoker can regain the function that has been lost. We are also beginning to understand that the impact of cigarette smoke on the lung is not limited to the active smoker. Children of smoking parents have an increased risk of bronchitis and pneumonia early in life, and seem to have a small, but measurable, difference in the growth of lung function. One of the major advances described in this volume is in the understanding of the mechanisms by which cigarette smoking causes COLD, particularly emphysema. There is now a clear, plausible explanation of how emphysema might result from cigarette smoking. The inflammatory response to cigarette smoke results in an in• creased number of inflammatory cells being present in the lungs of cigarette smokers. These cells can increase the amount of elastase in the lung, and elastase is capable of degrading elastin, one of the structural elements of the lung. In addition, cigarette smoke is capable of oxidative inactivation of n,antiprotease, a protein capable of blocking the action of elastsx. The net result is an e:oesss of elastase activity, degradation of elastin in the lung, destruction of alveolar wa1L, and the development of emphysema. 31
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t~'?+- CEr!-y'g - Y <'_ : !t t ` . . 3 tq18~t4ji, t8G No. 5 ~14. ARY sURFACTANT-flNLEY AND LJ~ Y25''-: wld bt le bartf• t~. a- ion was n a Oiant- ars of a xhanismL rewrded Y record- »keri ro- rown layer ;rs of ofga- ldte Uyer k Tar.>. MoM' laem Table 3 presenls the distribution of the neutral ppids and phospholipids in the two layers in each stotlp. The only significant difference is the re- drlced percentage of phosphatidyl choline in the smokers' brown l.yer. Table 4 shows the distribution of the fatty acid pethyl esters (FAME) of phosphatidy) choline for (be white and the brown layers of both groups. The predominant FAME of both layers in both groups Table 2 Upkt (:oaposltlon of Packed White and Brown {ayers of Smokers and Nonsmqkera (the NumDer of Subjects • tsIn Parentheses). t.em awoces Nmaw.m roha• Nc .w/wa• rtst rYYiu teyc: (2) ( Neuval fipid 21 3 9 0.4 24 t 1 2 3.1 Phospholipid 40 f 2 0.8 40 t 13 5.6 Pk.`sph.tidylehdine 27 t 2 0.5 26 f 6 3.6 8raw::l.yer: (5) (4) Neutral lipid 16 f 4 6.0 14 t 2 1.8 Phospholipid 18 3 4. 6.4 25 3 6 3.2 PYtap6atidyl eheline 8 ± 2: 3.1 14 t 2 1.8 •3SD. fBeMd a, a.eqe putsrd .at of 6 cewken a 8 aoareuken. y <aol. xos palmitate (16:0). There was no significant di(Ference in the distribution of FAME in the phos- hatidyl choline of either the white or the brown 0.30 ,cer between smokers and nonsmokers. Q:gO T+,.•le 5 gives the volumes of the brown and the 38 t O+hite layers and the time in months for the three 0.20 0.40 0.18 0.50 0.20 tbjects who were lavaged before and after cess:r- Table 4. Fatty Acid Methyl Ea4rs (FAME)• of Phospha0dyl Cho11M of the Whlle and Sroan Layers in Smoleers and Notgmnken (tM Nunber of Subjects k In Patenthesesl sara Whke: F.wr 14A 14O 16:0 16:1 18S 18:1 18:2 20:4 Saturation Umaturation 8.oraas (R) (7) 3.7 1.0 0 Traat0 711.11 2.6 6 4.331.8 62t3.0 6.7t1.3 I.2t21 O.3f0.6 89.0f5.8 11.0f3.8 Nore.oam (7j (6) 7 3.4 0.1 7 0.6 0.7 74.8 4.3 3 2.6 2.3 7 5.8 2.7 8.9322 1.4t1.7 20f0.3 N.Sf3.9 15.St3.8 Brown: (3) (7) 14:0 3.3 t 0.9 3.2 t 0.1 1S0 . 1.7t1.6 1.7f1.6 16.0 661f9.1 65.9 6.5 5 16:1 29t25 3.3t28 18O 8.5 f27 8.33Z6 18:t 123f4.3 IS.If1.5 18:2 3.0t3.0 2.itt27 20:4 0.9t1.8 8 0.5 0.1 Saturation 78.4 t 19.8 78.0 t 8.0 Unsaturation 21A f 9.9 22.0 t 8.0 •r.tc.n * 8D. panded, the surface tension increased to 40 dynes per centimeter. Two loops are depicted. They show marked surface activity and tension-area hysteresis, features that tire characteristic of pulmonary sur- factant. DISCUSSION There are objections to the technic of bronchopul- monary lavage.t' Done in the manner that we de- scribe, it is a technically simple procedure. Care 0.10 ~ion of smoking. There was an increase in the white Table 3. Various Classes of Neutral Upids and Phospholipids• in the White Layers and Brown Layers of Smokers and Non- emokers (the NumOer of Su0/ecls Is in Parentheses)• lmo w.rte L.rw (%) 6auvm twna ( R) rwcus (r) hmurocut (6) arocas (7) wwq•aens (4) eavsl lipids: ChMeuvd 14.9 ± 7.2 31.3 t 16.3 21.9 f 15.8 20.7 f 15.0 Free fatty acid 14.9 f 12.2 11.8 ± 11.8 9.9 f 4.5 9.3 t 7.4 Trielyaride 12.3 ± 8.3 18.7± 3.7 14.9f 7.1 17.7t 18.3 Cholesterol esten 55.1 ± 14.6 38.1±12.7 54.0t 8.4 52.8± 5.1 hospholipids Pkaphatidyl eholine 64.1 ± 3.6 65.0 ± 2.8 48.0 ± i7t 55.9 ± 1.1 PAosphatidyl crhanolaminc 15.4 ± 2.5 13.0± 1.65 15.Bf 1.1 14.1t 4.1 Phocphuidyl inositol & phosph•tidyi serine 6.6 ± 1.3 6.7t 1.4 10.53 2.1 9.0± 3.0 SAlnaemydin 2.9 t 1.9 1.9f 0.7 11.9t 1.2 9.1t 4.5 Phosphuidyl dimehyl ethanol.mine 2.8 t 0.2 6.2t 0.2 8.4t 1.2 7.0± 1.0 0.30 / 0.10 0.05 0.13 0.15 0.30 (Tn 0.161 0.14 f 0.' Isted. The m Was signifl of brown volume and mponents of Sown macroph rs. (Because of only t"'o of r for measure zilliliter of tr atidy1 choline ht-volume ratio ; white and b to <aot. er ni these subjects two weeks after they stopped )king that reached nonsmoker levels in one nth. igure I shows a surface-tension-area diagram of ml of white layer mixed with 30 ml of saline in ich surface tension decreased to 1 dyne.per cen- ' 3 eight nonsmo!eter as the surface area of the 61m was com- ,sed from 60 to 10 cm. As the surface area ex- must be taken to ensure adequate topitxl anesthesia and to prevent leakage of saline around the balloon by means of testing for air leaks after the balloon is inflated. It should be noted that the technic is not suited for patients with obstructive lung disease!° The procedure should be carried out with fluoroscopic control and in an area where resuscita- tion equipment is available. (n r Ln w m (n G m a
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(chronic bronchitis, emphysema, and COLD and allied conditions). From available epidemiologic and clinical evidence, it may be reasonably estimated that approzimately 80 to 90 percent of these are attributable to smoking. Over 80,000 of the DOLD deaths can therefore be considered preventable and premature because these individuals would not have died of COLD if they had not smoked. While smoking-related COLD mortality is lees than estimates for smoking-related deaths due to coronary heart disease (170,000) and those due to cancer(130,000),it nonetheless represents a significant number of excess deaths. COLD morbidity has a greater impact upon society than ODLD mortality. Death from COLD usually oa.'urs only after an extended period of disability, and many individuals with disability from ODLD will die from other causes before the disease progresses to a degree of severity likely to cause death. The progressive loee of lung function that characterizes ODLD can lead to aevere shortness of breath, limiting the activity level. In recognizing the morbidity associated with these diseases, it is important to realize that the frequency of activity limitation with COLD exceeds that reported for any other major disease category. In 1979, 52 percent of individuals with emphysema reported that it limited their activity; 27 percent said it resulted in one or more bed days that year; and 73 percent reported at least one visit to a doctor during the preceding year due to emphysema. Forty percent more people with emphysema than with heart conditions reported limitation of activity. More recently, the National Center for Health Statistics has estimated that over 10 million Americans suffer from either chronic bronchitis or emphyse- ma. The ChanpinQ Pattem of Mortality The 1980 and 1982 Surgeon General's Reports (The Health Conaequences o(Smoking for Women and The Health Conaequenaa of Smoking: Cancer) reported a rapidly increasing rate of lung cancer among women compared with the rate for men. As this Report documents, the mortality ratio between men and women for OOLD is also narrowing. In just 10 years, while total deaths from ODLD increased from 33,000 in 1970 to 53,000 in 1980, the male-to-female ratio narrowed from 4.3:1 in 1970 to 2.3:1 in 1980. This epidemic increase in OOLD among women reflects their later uptake of smoking when compared with men. Flndinps of the 1984 Report The mortality ratios for COLD in cigarette smokers compared with nonsmokers are as large as or larger than for lung cancer, the VU1 I em ini ms am an ooa fun bec W: but fun. R amo ,mo earl thet Oi und( OOL ezpl: The crea cigar the ] struc capal 81 Uq a r-o N W W U1 B LD W
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• • 7coT[s ;41 v,.l aul: pig•, however, demonstrated a eignifieant elwnge in the maximal eurfare, lewion with a denra.r from 60 s 1 dynes per eentimetcr in the control aoimak b/1 a 2 dyxa por eealimetn after rmnke eqerure (P < t1.03). Teo Ninea IHga rere alo espoaed to the pu pha.e, aml there .sa eo ehaoga in aitller tAe minimal ar meaimal aurfaee tension of the extraaled aurGnant. Bmeke produced from kttuee kaf smoking pmluel and from pina and nronrb kaves romed similar ehanget In the surface tension meamre- ments of pulmonary surfactant in vifro. Thie eon- sietedd of a signifieant inenase In the minimal surface tension aad a signi&ant decrease In the masimal surface teaiua after thetn plant amoke expoeurn (tabk 3). Three waa a aignlficaol de- crease In the surfactant activity index after plant leaf smoke eapomre. e e e Ciprette smoke consistently lowers the max- imal surface temion without alteriug the min- Imat surface tension of luag extracta after in r4m expaeum to whole cigarette rmeke. !n asvo eludiea ia the plinea pig revealed similar alter- atioo in guinea pig pulmonary surfaetant. Tha L+rk of change in the dogs and ceta after eiga- rette amoke expoolre may have beea due to the inarkauale length of exposure to the whole eig- arette amoke. The reeulta of the present study, therefore, coo6rm the previously reported work of Miller and )iondurant! StabilizaGnn in the luop of multipk inter- communicating space fe thought to depend on the vuktion of tenaion throughout the pul- monary system to that the 4r1er alveoli poueee a higher wrfaee tension aod the smaller alveoli a lo:er surface tension. Thia equntea the pressure throughout the lunge, albtring dabilisetioo of diRereot4ited alveoli. An increase or fumtion of the surface tension would be expected to limit the volume range of alveoli over which aurisee (nnst would maintain a stable system. An in- rrra.e Io the surface compreaaibilitf or a de- etruc in the maximal surface tension in the al- r.vli Gniag similar to that following exposure to •ia.rcetc smoke would be expected to deeeen.e 'he range of alveoli over which surface tension rnuUl contribute to alveoli stabi6ty. These •hanect would favor retention of air during res- :iratinn, and, theoretically, this could result in dilhration of alveoli and the development of the •ar;v atagea of chronic emphysema. The results of the present studies indicate that cigarette smoke does alter the .nrfaro-netive protKrniee of luog exttracta, and that threa effects appear to be unique to cigarette smoke. Plant amokn other than tobarco lenf cause marked inereaae in the minimal surface tension of tbe pulmonary aurfaetant, decreadng, therr- forr, the normal ability to maintain alveoli stability. This would favor collapse of the alveoli throughout the lunp, similar to that found in oxygen aod phosgeoe poisoning and other fnrm.• of ehee.kal poeumonitis in which surface activity ia diminished or abecnl! The explanation of this phenomenon is that there is a loss or degradation of active sur6ct.nt in the alveoli hninl Inrrr. Numerous substances added to lung extracts have been reported to diminirh surface aelivity.' Io- spired substances that contact the alveoli al+o have beav reported to inactivate surfactaat. Theae include the various anesthetic agents and petroleum ethera! It h.s long beet: recognited that most patients with chronic obstructive emphysema give a his- tory of chronic cigarette smoking, and smoking bu ben• sniped a eauaative mk in the patho- geneait of chronic obrtruetive emphysema.e The ehan6ex found in the present study suggest that alteration in the surface-active properties of the lung after aigarette smoke exposure may play a role in the pathogenesia of chronic obstructive emphysema. /n summory: Exposure of pulmonary surfac- tant to cigarette smoke results ta a decrease in the maximal :urf.ce tension. Exposurc to smoke from other plant leaves causes a marked increase in the minimal surface tension. These obaen•a- tiona suggest that plant smoke exposure would favor the development of ateleetaus, whereas tobacco smoke exposure would initiate changn in surfactant favoring the development of empby- sema. S+utom T. Gtuwoxa' Deyartment oJPediatriet University of JLi'iami &hoof of lfedicine Hiami, Florida October 10, 1986 rPattk, R. E.: Proc. Roy. Soc. (Bw1.),1953, IGi, 217. e Ckmenta„ J. A, and Nilton. K. ltt.: Proc. Nat. Aad. Sci. USA, 1ofi2, 48, 1005. ' 'Lowell, F. C, Franklin, W, Miebelwn, A. L, aod Schilkr, I. R'.: Ann. Intem. Diod., 1956, 45, 268. •Manuaoript prepared with the technical help of Luis A. Aivatex. t
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THE NEW ENGLAND JOURNAL OF MEDICINE Several investig.torsrs-14 have used endobronchial lavage in a quantitative fashion in animals. We con- sider it reasonably quantitative In human beings. Smokers had a smaller volume of lavage recovered. However, In four smokers (M.M., P.L, M,T. and J.ii.) the recovered volume of saline ranged from 165 to 250 ml (similar to that of nonsmokers). The white layers averaged only 0.03 ml, whereas the brown layers averaged 0.32 ml. Thus, half the smokers showed that the recovered volume of saline was not responsible for the differences found. The volume of the white layer increased dramatically in two of the subjects given serial lavage, despite little change in the recovered volume of saline or the volume of brown layer. Table 5. Volumes of Saline and Packed White and Brown Layers In Three SubJects before and after Cessation of Smoking. Saurer a4ur[ S.cert Twe Wwrn lso.x Oer.er RreoVsuD (Mol t..ru 4x. (M0 (MU (ML) (My M.T. 300 175 0 0.01 0.18 300 190 S 0.15 0.13 300 210 16 0.12 0.10 M.S. 300 130 0 0.04 0.50 300 160 Yi 0.09 0.32 3.0. 300 150 0 0.02 0.30 300 220 1 0.13 0.42 There was diminished recovery of the white acei- luiar layer and an increased recovery of the brown layer in every smoker. This consistent recovery pat- tern seems unlikely to be due to artifact. The rapid return of the white layer to nonsmoker levels after the cessation of smoking by three subjects supports this observation. It also seems unlikely that binding of the white layer to the macrophages could esplain these differences. Surface-active material in the lung lavage fluid separates from cells by passage through a Millipore filter." Cenbifugation causes it to pre- cipitate on top of the compact brown layer, and it can be separated easily. It is not seen in electron micrographs of the brown layer. Endobronchial lavage sediment in smokers re- veals a marked deficit in the volume of the white acellular layer (surfactant) as compared to that of nonsmokers. Lipid analysis of the smokers' white layers showed a similar deficit: the average total amount of white layer lipid was 1.2 mg in smokers and 8.7 mg in nonsmokers. Qualitatively, the white acellular-layer lipids of smokers were identical to those of nonsmokers. Phosphatidyl choline - the principal lipid in the white acellular layer -- was decreased seven times in smokers. The volume of the aceliular white layer rapidly returned to the nonsmoker level in the- three smokers after cessa- tion of smoking. These findings suggest that a shift occurs in smokers toward a production of alveolar macrophages and away from alveolar lipids and a factant. Miller and BondurnntM suggested that cigarette smoke may lower surface tension of lung e:traets r although this finding is disputed." A recent reviewe suggested that surface-tension lowering "may be involved in the pathogeneais of emphysema <r% promoting alveolar hyper-in9ation." The effects a cigarette smoke an measurements of surface tension were determined by pouring cigarette smoke direct. ly onto a film of pulmonary-edema fluid. Srsrface tension was lowered in the expanded state but not significantly altered in the compressed state. I addition. pulrnonary-edema fluid from rats expos to cigarette smoke over several days showed simi _ reductions in surface tension. The lowering of sur• face tension of expanded films, in our opinion, do not constitute an effect capable of promoting alv _ lar hyperin9ation. It may represent a nonspeci6 effect of smoke particles. The finding of Cook an Webb," who showed that endobronchial washin •from chronic cigarette smokers had a significant ris in minimum surface tension to 15.5 from 6.5 dyn per centimeter in nonsmokers, was supported our results. The deficit in surfactant layer in smo era would reflect less surface activity if equal vo umes of endobronchial lavage fluid were placed the surface-tension balance. Cigarette smoking, instead of increasing sur6 activity,p may actually reduce the quantity surface-active material lining the alveolar wa11s. mechanism for this deficit is suggested by our since it may represent either decreased producti or increased removal. Macklin" postulated that 0 -C Figure 1. Typical Surface-Tension Surface-Area Loo{x a Wilhelmy Surfaee Balance from 0.1 MI of tavage+ ,ment White Layer from a Nonsmoker Mixed with 30 ~ Saline. During compression of the film surface. the surlace sion fans to approximately tero and then rises rapid about 40 dynes per centimeter on re-expansionJ 51538 5085
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ADER This Mw°_::-1 r.•„:y b3 protected by cc,_y':':;1-:~ (7`d,e 17 U.S. C:: :; CIGARETfE SMOKE AND SURFACfANr+•'• a WAT1S It. WBBB, WII.LIAM A. COOR, 70HN W. LANIUS, Arre 1tOBGIiT Ii. SHAW (Beoeirtd for publication February =g, 19Cg) 111ifaDUf.TroN The even ventilation of tLe lung is largely dependent upon the unique properties of the fluid lining tile alveoli, termed surfactant, a phospholipid complex elaborated by the gran- u4r pneumaytea of die alveoli (1). PatUe, pemenls, Avery and others (1-3) hove dem- eastraled tJmt surfactant reducea the surface- teansion in the alveoli as they become smaller aDd rsiaes the tension as they enlarge. The stability of the several hundred million alveoli interconnected by respiratory radicals is de- pendent on this relationship as low or un- ebanging tension in tlm large alveoli would subject them to inarncng overdistention, whereas high tension in the emall alveoli would be conducive to progressive atelectisis. Miller and Bondurant (4, 5) found that cigarette amoke eausod a marked decrease in the surface '^usqion and an increase in surface compressi- ily of surfactanl extracts prepared from rat gs. Similar changes, which could relate to tile p.+tlwgen¢sis of emphysema, were noted in lung extracts prepared from rats that had been exposed to Efltoke during life. The present atudite have extended these observations to evaluate how surfactant may be influenced by eigarette smoke that has been passed through presently available cigarette filters or through commercial microfilters. In addition, since one of the writers (RRS.) has observed pulmo- nary emphysema in Afghan women who are ehronic heavy smokers of the water pipe (houka), Ihe effect of pa,ssing smoke through waler tnps was determined. MATERIALS AKD Mrr80DS Surface tension was measured on a modified Wilbelmi balanee with a tiny platinum blade 'From the Department of Surgery, University of Texu Southwestern Medical School, Dallas, Texas 'This study was aided by a grant from the American Medical daaoriatioo-Fduntional Re- .eareh Fund. 'Presented in part at the Southern thapkr of the American Thoncic Society, New Orleans, Louiaiana, August 46,1g65. wupended in a TeEoe trough filled with bromehid washings frDm normal dogs. The surface ten:oo forces acting oD the P4tiDum atrip wae meaturrd by a C.ba ekelrinl balaooe eaTibrated to reead surface tension in dynes per centimeter. The aur- tax area waa eaotr.ekd and expanded from Ig0 per ant to ZO ptt cent by a TeOou bartier eateed. iag barely beneath the surface and thua eomprca• lag only the surface layer of the fluid with tk surfacWrl, whieh, by definition, muat film on llw surface. The surface area was evaluated by a linear transducer and recorded aimultaneoudy oo ILr Houston X-Y recorder. The entire meahanim was enclosed in a dust ddeld, aod complete dan• liner and lack of contamination were aa+ured bt the use or a aline control prior to each deta• mination. Bronchial was6inga were obtained from dor• anrstlKtiaed with thiopental by aapiratioD of tle available fluid after injection of 30 ml. of ieoton•r saline down the endotracheal tube. Afkr ark sample had been allowed to eure in the trough for approximately 30 minutes, control euna were rue. after which the extract was treated by smoke. In the first set of experiments, smoke was co1- kcted by drawing air through a cigarette into a syringe; 100 ml. were blown onto the surface a bubbled under the surface of isotanic saline or nf lhc bronehial wadlioga. In the second eet of exptvi- ments, cigarette smoke was collected from a com- mercial cigarette (Tarcyton®) containing a Ohn of cellulose acetate and activated eharooal. An- other set of experiments was nm utilizing a cip- rette (Half and Halfe), which has a filter com- posed only of cellulose atetate. In othn exporimentc, tile agaretk amoke was drao through millipore filters having sizes of 125 p. 0P0 p and 0.40 p. In another aet of experiments, smoke was cot keted from a Turkish watcr pipe. The hnnka paiacd tbc smokc through a 8 mm. tubing to bul• ble through approximately 0 em. of wroter. To 1M smaller smoke bubbles, cigarette smoke was tad, bled through a ecintercd glars bubble diapcraia unit, which produced mierobubbla approximatel,r 100 r in diameter. The final xtof experiments determined /M effects of nonspecific dust obtained from Oae aweepinga on both saline and bronchial w.diinp. RESULTS The results are tabulated in table 1. Tkr control curves of bronchial washinga takte from 11 dogs showed extensive hlstereAs ad ranged from 60 = 1(mean :L- standard crrarl ,k hysteresis of the curve, lowered tl 51538 5065 Control......... Direct nnoke.... Macrobubblee.... ifierobubbles..... Duet ............. e Meaa at: standard enor lacAB: t Stability index is determined by ru ea1 it minimal. A 01 xF'~ 6-C Fra. 1. Typical surfaetant curves blown onto the surface of broodua: Surfactant curves showing minimal large bubbles, which is the same as tory floor oa dog bronchial washings at the 100 per ant area down to d)nca per eentimeter at the 20 per ee (figure IA). The cigarette smoke'tLat 11 drawn through milllpore filters rangiD 0.40 to 125 µ did not alter the surfac tile resultant curves were essentially 3, to Ihe controls. Direct smoke, regardless of the t ,eiggaretk filter (five cellulose aoetate a ,eellulox acetate with rbartwal) through It may have been passed, drastically a orr+aa/en. .oo
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s filleareaces phasc rather ulate phne and rttoet of the ,roduels apparently are alr cml. Our tendts in t)te ptts- t that aliaeunt effeet, u {Pilltebni bnlance lnethod, it t,e In minimal particulate x interference rreed not in• te eLmtial by-productS af ttd, in 4+et, the active agewt n the p.eotn PbM, uin the negliqible effect on anr- ce paseed ebrougE mlBpwre t padble to aute whether a in mwke aotually destrov t seelns more likely that tbe ms re&et oRly a mechanical Ist cohedve fords. The simi- t ordinary dust also sutgrr inert patticulate matter can face temion properties of a ntion. alterations could be conducive unt of pulmonary emphysem:r. ty of the )arge bubble wamr aruoke particles could be ger• tri~ ee of pulmonary emphp men. This lovesGgntiau t Arongly that air pollutirm langer to our pulmonary heahh. •er forget, homever, that air e ted as when inhaled through a aith a filter. SnICtART rion of etgareltc tmokc to bn9r results in a reduction in de :tent with an increase in tensire surface area and a decrease io re axpanded area. Neither tle emnmereial cigarette filters twr water traps removed enough d prevent this alteration of sur• :r traps producing bubbles kH a diameter reduced the smute rfaetant whereas millipore fihcn of lµ eliminated it. This nui,e smote was demonstrated In le to that of ordinary house dw{ Itat the alteration of aurfactrw if not soleh•, be attributablc a' ate matter in cigarette nmute. es markedly reduce the index of olmtasrls lotfK& Axo svar.cralrr 247 pability of the lung and, as applicable to the millipow de 1'ordre de 1 r laa Fliminent. On a slveoli, tend toward the development of etn- d6montrd qua 1'actiou de Is fumh de cigarettes plq•sema. aat comparable ! ee11e de la pouasitre ordinaire Ruuuerr 8! 8raso dal Ciparriflo y Ia Alkraeiba eo la Tenaibn Superfw'of Palawnar Si se allade humo de cigarrillo al material quo sr emplee en laa lavados bronquialea, ae produce aaa dismbruci6n en el efecto aobra Is tensi6n superficial, lo cual redunds eu un aumento en Is teeei6n en laa Lreas superficiales inferiores y an en daeeeatso tensional eu las trwe expandidas. Xi el mejor de los filtnm eomerelales pa» oip- nilhrt, ui laa tnunpu de agua productoru de ludrajas grandes, fuerou eapaces de absorber Imtante hunto como pam evitar esa alteraet6n .« la teui6n superficial. Trampas de agua euyas tud,ujae eran menores de 111D#, de didmetro redu- jeron el efeeto del hunmo sobrc Ia tenai6n super- 4ial, mientras que filtroa eon miles de poroa que ,xilabau entre I M, no produjeron efecto alguno. fsla scei6n del humo de cigarrillo ae eree eompare- IJe a la dcl polvo cascro, lo euel sugiere que estas .Imraciones se deben en grau parte, y posible- meote en eu tornlidnd, a las particulas que eom- puai cl humo. Estos cmnbios produccu marcada Wneci6u en el "fndice de eatablidad" del pul- win, especinlma,te cu los eiv6olos, c iuduce nl Jwrrolln dcl cnfiscnm. de maieon, ee qui suggLre que 1'altlrauon du aur- 4sunt peut largemeot, aiuon mame enti2rement. Itre du aux particuln dans Is fumde de cigarettes. Ces modifications rbduisent de faqon marqude 1'indiee de stabilitl du poumon et, lorqu'elles touehent In alvloles, elles favoriseut le develop- pement d'amphyeilme. REFERENCES (1) Pattk, R. E.: Properties, function and origin of the alveolar lining layer, Proc. Roy. Soc. [Bio1 J,19S9,1{B, 217. (2) Clements, J. A., Brown, E. S, and Johnson, R. P.: Pulmonary surface tension and mucus lining of the lung, J. Appl. Phytiol, 1958, ft, 2G2. (3) Avery, M. E. and Mead, J.: Surface proper- ties in relation to atelectasis and Iryaline ~ membrane disease, Amer. J. Dia. Child, 1 1959, 97, 517. (4) Miller, D. and Bondurant, S.; Effects of cigarette smoke on the surface cluneter- ( isliea of lung extracts, Amer. Rev. Reap. Dia., IDM, 85, 692. (S) Bondurant, S.: The alveolar lining; A method of extraction; the surface tension lotcer- ing effect of cigarette smoke, J. Clio. In- vest., 1900,10,073, ''(6) Chnng, S. C.: Microscopic properties of whole mounts and sections of hunran bronchial epithelium of smokers sud non-smol•er:, - 07,10,12i6. ilESVUe Canecr, 14 (7) Lowell, F. C., Franklin, \1'., Michelson, A. L., Fumfe Je cipnrella e( surJactant and Schiller, 1. W.: Chronic obstructive 11,pplicatiou de fumte de cigarettes 8 des pro• pulmonary emphysema: A disease of smokers, Ann. Intern. Med., 19i6, 45, 268. Juirsdelnvagebramhiquecntralutuner6ductiou (g) Mitchell, R. S., Toll, G., and Filley, C. F.: h,o I'actinn du surfnctnnt ncarmpagn6e d'uue Thc early lesions in pulmonary emphysema, wpincueatiou Jc In teur,ion dnus In r6giou do la Amer. J. hted. Sei.,1962, t.)3, 409, rrta,x infdricurc r:t d'uuc dimiuution de la tcu• "(9) Cool, tl'. A. aud Wcbb, W. ]t.: Surfactant in ,:ai dnus In r6giun Ailat6e. Les mcilleurs bonts- rduonic smokon, .1nn. Thome. Smg., 1966, thrn dc cigarettes nctuellement disponibla dans t, J27. I.mmwurce, pae plus qne des syst3mes de barbo• (10) N'yndcr, E. L. ond HoHmann, D.: Reduction up•danal'eau,ncfantdisparaitreassexdefumFe of tumorigenicity of cigarette smoke, pwr cml>Echer cette nltlralion du surfactant. Des J-~.IdA., 1965, lgy, gg. (Il) ILcnaler ,rrsrivors aqueux produisant des hulles d'un die• , C. J. and Battista, S. P.: Com- ponents of cigarette smoke with ciliaq•- a?uc inr6ricnr u 100 M rdduisent Ms effela do ln depressing activity, New Eng. J. Med., tmh sur Ic surfactnnt, tandis que des filtres 1963,L09. 1161.
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. MA. seems l TIC_ T n READER S:JJe New Englan5 M~==~~=' n`y be protecced by cory-f5t law (TICe 17 Journal of Mediciiietle' a . Cepyrirht. 1972 by the Masuctanau Mediul SDciny x , _. tMe/` yolume 286 u w FEBRUARY 3. 1972 Number 5 LOW YIELD OF PULMONARY SURFACTANT IN CIGAREITB SMOKERS T. N. FtNLEY, M.D.. AND A. J. 1.ADMAN, PH.D. 1sFS e:~ )t,. ,1r,. m~^ „t n Not' hue NFeR ieJ.~ Abstract A deficit in the surface-active material (surfactant) recovered after endobronchial lavape was found in cigarette smokers as compared to nonsmokers. The volume of surfactant rapidly re- turned to nonsmoker levels when the subjects stopped smoking. Upid analysis of surfactant from smokers and nonsmokers revealed po qualitative B RONCHOPULMONARY lavage yield from the lungs of cigarette smokers reveals two distinc- tive characteristics when compared with that of nonsmokers: large numbers of alveolar macro- phages,r4 as seen in animals after inhalation of car- bon particles3 dyes4 and bacteria'; and a paucity of the surface-active material (pulmonary surfactant) in smokers. The surfactant material forms a white layer over the brown macrophage layer in the centrifuged I:re age sediment.' Ultrastructurally, this white layei re~embles material lining alveoli in animals." It is lipid in nature and markedly surface active, with a large fraction of highly saturated phosphatidyl cho- line!•' We have compared lipid analyses of the surfactant and macrophage layers of the lavage sediment of smokers and nonsmokers. Qualitatively, the lipids were the same in the surfactant layers of both groups, but there was a marked overall deficit of lipid in the smokers' surfactant layer. In the sub- jects who stopped smoking, a quantitative increase uf the surfactant layer to levels of nonsmokers was nbserved after one month. ENDOBRONCHIAL LAVAOE Endobronchial lavage was performed with in- formed consent on eight normal smokers and eight onrmal nonsmokers ` and serial lavages were per- fonned on three of the former who stopped smoking From ax PuLnonary IJ tpntory. Mount 7~on HosDw+~ MediW Cemn 4ddrtss neprint uquesu to Dr. FiNCy n Mount 7ion Hospiul +sa ?kdiW Ceeur. P. O. 6ox 7921. Sen Fraacitco. GI. 9~ 12a1. SaDPDned in psn by sncuch arana (HE 09s91~). HE I2571UI d I ROt{rM-1sa)s-021 tmm the Naianal Inrtituuu or Halt6.nd ~'• ow fiaa the Cwaca tor Toh.aco Reseerca. US.A. 'Ali smoken Md rormsl lull funnion: the arerare are of the smoken wn 27. and that ef,he awnmokcn 24 years. difference, but the total lipid content and in particular lecithin was seven times less In smokers. This deficit of surfactYnt and its rapid return after cessation of smoking are compatible with the hypothesis that cigarette smoking reduces the production of surfactant or increases its removal. after the initial lavage. All but one of the smokers used filter-tipped cigarettes, but they all smoked one or more packages a da,v. The lavage procedure, which has been described,M is as follows; the air- ways are anesthetized by topical application of 1 per cent hexylcaine hydrochloride or 1 per cent cyclaine hydrochloride. A 19F Metras catheter (American Rusch Corporation, New York City) is passed into the trachea via the mouth and is then directed into either lower lobe with the aid of a fluoroscope; the balloon at the tip of the catheter is inflated to prevent leakage of air or fluid from the region to be lavaged. The occluded segment is then lavaged in and out with three 1lx!-ml aliquots of 0.9 per cent saline, after which the effluent was recov- ered. The lavage fluid was centrifuged at 3000 x g at 0 to 4'C for five minutes in a RC-2B Sorvall refriger- ated centrifuge. The resulting sediment consisted of a lower, compact brown layer and an upper, flocculent white layer. Mucus, when present, floated at the top of the supernatant and was discarded. The supernatant was removed. The white layer was separated by pipetting. The brown layer was washed with saline and respun. All supema- tants were then centrifuged at 27,000 X g for 20 minutes to sediment the remaining white layer, which then wa.a.combined with the other white layer. LcPtD ANALYSEs From the 16 subjects lavaged, lipid analysis of the white layers was petformed on seven smokers and six nonsmokers. Lipid analyses of the brown layers were performed on seven smokers and four non- smokers; only nonsmokers' brown layers containing greater than 90 per cent macrophages were ana-
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.~1cc'r T s~rn A tr., . "`ei !~.'~J .:..ew;Y,~xe~p[[i+_..VR7;{S^ _J-. ;„ ~. 1 ~_. .. -i:d THE NEW ENGLANU JUUanAE Ur MWRdno . ;: ~ lyzed, to providC; f1 comparable control group to smokers' brown layers.l Volumes of aliquots of the packed white and brown layers were measured, and each layer was placed in a S00-mI separatory funnel and the lipids extracted by three Folch washes" with chloroform, methanol and water (8:4:3). Phosphorus was deter- mined on an aliquot of the chloroform portion of I 224 the Folch wash. Thin-layer chromatography was perfonned in the usual manner. Layers 250 µ thick were made with a slurry of 30 g of silica gel H in 58 ml of distilled water and washed by develop- ment with the solvent mixture, usually overnight. The layers were activated at 100'C for at least one hour. Samples of the unknown lipid mixtures con- taining 10 to 20 µg of phosphorus were applied with a microsyringe. Standard solutions of phospholipids lavage sediment from one subject was measured by means of a modified Wilhelmy balance! Samples consisting of 0.1 ml of white-layer material dis- persed in 30 ml of saline were used. The trough of the balance was made of TeBon and lined by a con- tinuous polyethylene film. The maximal surface area (Applied Science Laboratories; Incorporated, State College, Pennsylvania) containing 10 to 20 µg of phosphorus were also used. Phospholipids were separated in chloroform, methanol, water and acetic acid (95:37:4:3). Neutral lipids were separated in petroleum ether, diethyl ether and acetic acid (90:10:1); the phospholipids remained at the origin. Lipid fractions were detected by spraying of the chromatographs with sulfuric acid and subsequent charring at 400•C. The separated neutral lipids were photographed on Polaroid negatives and scanned in a recording densitometer (Photocord) to give the relative percentages." Lipid fractions for fatty acid analysis were detected under ultraviolet light after the plates had been sprayed with 2,7-dichloro- 8uorescein. The identified spots were scraped off for further analysis. Total phospholipid was determined by quantita- tive analysis of phosphorus on an aliquot of the original sample with the use of Bartlett's perchioric acid digestion." Phosphorus was also analyzed after charring and scraping of each phospholipid fraction obtained by thin-layer chromatography to obtain the percentage of each. The recovery of phosphorus was 95 to 105 per cent of that applied. The phosphatidyl choline fraction from thin-layer chromatography was located by fluorescence, scraped off the plate and subjected to methanolic sulfuric acid refiuxing at ]00•C for 90 minutes. The methyl esters, extracted in petroleum ether, were washed with distilled water, dried under pure nitrogen and redissolved in 10 µg of hexaae for chromatography at 210'C in a Perkin-Elmer gas chromatograph 800 with columns of 8 per cent butanediol succinate polyester on Chrom W HMDS and a hydrogen flame detector. The surface activity of the white layer of the spun Feb. 3. 1972 of the trough was 60 cm; the surface area could be reduced to a minimum of 10 cm by a movable barri- er driven linearly by a Harvard withdrawal and in- fusion pump. The cycle of compression and expan- sion lasted for 20 minutes. Surface tension was measured by a platinum 6oat suspended from a tmns- ducer; surface area was measured by means of a potentiometer attached to the drive mechanism. Both the surfaoe tension and the area were recorded simultaneously and continuously by an X-Y record- er. _ RESULTS Table 1 shows the smokers' and nonsmoker; re- covery volumes of saline and white and-brown layer by bronchopulmonary lavage. The numbers of ciga- Tab(e 1. Recovery of Saline and Brown and White Layer in Smokers and Nonsmokers. avanci i.ua[ Tor.[ wart[ Tor.t. 9ao.n+ t.ru 1..[x Sewkers• M.M.(20•30) MpYCr arrA[[ 300 Au0uor aecovum 250 Tracc) .20 P.L.(30I0) 300 ISO 0.05 0.40 M.T. (2040) 300 175 0.01 0.18 J.R.(20) 300 175 0.05 0.50 J.D.(30-40) 300 160 0.01 0.20 J.G.(20) 300 150 0.02 0.30 MS.(20-40) 300 150 0.04 0.50 A.I. (60) 300 140 0.0 0.80 iMran ± SD) 173 ± 34 0.02 ± 0.02 0.38 ± 0.22 Nonsmokers: D.E. 300 230 - 0.10 0.10 D.R. 300 240 0.10 0.10 S.G. 300 220 0.20 0.05 L.C. 300 210 0.20 0.13 . L.E. 300 200 0.10 0.13 1 R.M. 300 200 0.15 0.30 E.V. 300 200 0.20 (Tnx) W.D. 300 140 0.05 0.30 I lMeanfSD) 207f33t 0.14±0.16t 0.I4t0.llj •FUwa e vumrhoa r.prarnt au. or ripraua unclud/dy. 1D <0.05, to <o.a1. rettes smoked per day are also listed. The mean recovery of saline and white layer was significantly reduced in smokers, whereas that of brown layer was significantly increased. Table 2 gives the weight per volume and total calculated lipid of the lipid components of the white acellular layer and the brown macrophage layer from smokers and nonsmokers. (Because of the lack of white layer in smokers, only two of the smokers had sufficient white layer for measurement of volume.) The milligrams per milliliter of neutral lipid, phospholipid and phosphatidyl choline was determined from the mean weight-volume nttio and the average packed volumes of white and brown layers in the eight smokers and eight nonsmokers (see Table 1). wl su tio Ti ~ N, t Ph, I I t S F
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~, J. REYNOLDS TOBACCOOnPANY REtiARCX piPARTMtM , Det. <~;a :~..~. ,bw__ :Zoit-1lyv 178790 _ . 1
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• J. REYNOLDS TOBACCO SPANY Mucw ovAFdMMr Dc/a ,obw_ 7p V -~ar 17_8786 a. -rris- ~yy" rw.wY~#.r lr.W..w.ti ,`v~+~ +r r.' r: :
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"a 614 r..r.......wr...+. .. cvp,yiP MM M • .i. REYNOLDS TOBACCO.4NANY RauReN o..MtMM oon, I Job N.-~) 07, / • ' .v ,_.._..-..,.,,,_. 178791 ~
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~ d. REYNOLDS TOBACCO OPANY . RifURCW D@ARtMENT k*d Doro bb ,.,,_,.. 178794 ,1101WI`
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~ J. REYNOLDS TOBACCO &PANY ~ , REf1ARCN 0lAARiMlNT r: SubNcf pal• Job 70P k- ;2qj 178799 %-__ ~. 4 .:•~{
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• J. REYNOLDS TOBACCO OPANY ~ DlfERRCN DBABTAA/NT . DOt.. ~ s.,. ..v JOb PIO_~. ~ 178796 r.n h 1 .... `•:: ~ r...rrwrwa......r
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~. d. REYNOLDS TOBACCO ~pANY ~ REtEARCit Od/IIiMElR CoN .a:.~ <;r: Ln r Ln w W L" r b.. r.w..w.. a.. a.r~. v.r W
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~ .t. REYNOLDS TOBACCO &OANY REfEARCB OErARfliiW i rbled Dole I A ,,b ?7•f• ' 178 97 . AAaVmka~ ..~.;, ~:4~ no • ,w...r....a ....r.e w..
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' , J. REYNOLDS TOBACCO SP•ANY, ucLM= oIFAurrur+r . *7Y •:?&* 17 :..;. .. ~'~ `~: `•~'?0.0
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; ~ RPYNOLbS TOBACCO CC~+!~Y' ` RKiAIICM D@ARTMEKT DotM ~;.< F^>'':%: _ 'JobNo e(• ~ 178800 .n.x.. dw. ~.. i:'f'+ r....+..r ...r a~ ...Y. tr
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!, IY ~I ~ I ~~ ' l yn~i[3Wv:~a~'Jft luysmss, Jo..pb 8. lNt.bolisa of Snoka Coastitnents ; DEPOSITION ~ EXHIBIT k LA ol 4
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•d;iawt • 0 J. REYtIOLDS TOBACCO auSNAK oerMMWT DON, Job HO ~7 - ',~ 1/ 0 . f ,/ / //iF~4,A/ TTlJ I Ln I r Ln W 1~ ~ rL~in/ OD N f+ m .: . - w..~w..r..r wwr+... m ~ , ..: .._~ . ..i~ ~
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J. REYNOLDS TOBACCO lPAN1' , . ... • ~ *: • . RKiAttH OOAATMWT . . SYbhC1 ~~~w~/yq1 f1oe•.;~IfICA11e7Ye1'1/LOVt. Dah-{lPb_(/:10~~ f'~,~, r6allp,.{, (ri.c) Jabw -z74 • g~Oy R~l - -. ~_. . .,. __.. _ . . ._ ~ a3Sl2L a ` . . ~ 3 )S~t::__65,1{,iMdnMUt~iM ~~ .... .....~. ,,. . , .. .... ..•.. ... ....:... . .... _ _. _....r.,~.•...,,. __ .... _ _.. •-: ~ i -,.S JUGrK1 "?.1 (5 } Srv iulm ~rr ~dr D adw ~
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J. REYNOLDS TOBACCO •PANY: . • keseMON oRMHUert ..~.:., . sAW SepAr4iioT *~".J"tiP4.atren of ?imoe UospW;pi'ds CTi.G) Job,~, ,~,~,~ no M.n _ 2 r nL dllP'!o:; .v 0 Ewn ~ ~ r Ln w W ~ ~ Ln r+ Ln N A e.lin.. &i.iu. .-. ~ . , • ~a1
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• J. REY. NOLDSREfEARC NNOLDS TOBACCO ~PANY: , fEARCN OiMR1MbR s.4.a'lhc rirl.L/nltar" TOCO.1l/ic n7w>t (f 7ot.va• Qb~~o~kol~p~J r;t,ac> 178754 . ~ase~ 6 . r.A GP1 ~ nlwirt= kFr i nn gf60 ~ q Z .lA le ~~~ ~ 4 JK lo 7 7 1 y0 a ~ •q7 , 2Clrira~ ~ sn1v_ e~n•}= ",r-l: e0A .,NH.,Ou I d~y Ln t..: Ln Lo OD tn N (n Ip Wn. Mw~J••.q i... A1M~7wr • . ~.;
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».w &boo 5 e .~,~~ 178759 w '''~^ , 1j I;t~ [9s / ~ ~• 3d , tiq4t /1c CI 47•l-` .~ i ,',a~r ~ .,n • J. REYr1OLDS TOBACCO lP,APtY • Raw~eN , owMrMprt ;j ..?Ir 4 C' .> it las~,:Gt y '% 7 , ir.,wr "a, W, w.,w
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6.04 . REYNOLDS TOBACCO G nr . .cseaea~ oDAurrwr~r ~ . _ . a.q.a Sepn.nlier.c+td /UOSt}IIicll1loN O{ rA1 16.dc: I~ettiat!1Sr3~~ 0oarpatiPiab Job No~~ Z ?8?62 ~ al~U ____G''l &lm;i.'1r QAi LL1Mf Wei U1_,ido}__ ,0918!'rf am I !...xT,n.%
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J. REY,NOLDS ?06ACCO &ANY , ' ., RKtARqI pVARUMWT ~ ~ Job Ne 0 ? 5 ~ 0 f.LM-1. T ® a. AM144 NAqQ1J Feh ._..W T -- _ ~ . r.....~.~,......~.;r ,
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•. J. REYNOLDS TOBACCO SA?APIY ' IlKiARG1 DIMdTMp1t ~ ~1NO ~ ~T ~r[,Sj' 17878~ ~4L a MW O.m ftYr M. 4r wom4 FwM
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REYNOLDS TOBACCO ~ ANY RlfEARCN DEMRT/1iNf _ ai6Ma ~ Job . 178775 t•zc .t.i.}%.hi ~t ~ r a ~~',, 1•~ ~ I''..~x ~',£. . .
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~ J. ttEY.NOIDS TOBACCO • rANY REEEAR6tl DEPARTMEt~[r 7~ 7/'-7n41 178 ~?mwwt~~; KF?a~• J . :'?~? . . . _.
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M~ M J. REYNOLDS TOBA" a - RUKARCH ~ ~~{Y~Y . ' r ` . . . Job 8 17876 il .m ..,..w
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S.. REYNOLDS TOBACCO ~._~ANY. - RaiARCH O~ARIBAENT • sublb OoM Job N • ? Al -0L , 178777 ~ 4'::; L, _ . ~£` Ir. b~............~.~.~.
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WEBB, COOK, t.axtvs, AND 13eAW -able to that of eify+rette sswke, in ; aurface tt:nsron at the 100 per eent bA±2andatthe20percentlestilto 2 d}-na per centitneter (P < 0.001). .ri6c dust sprinkled on the saline also ike mienrbubbles of smoke on saGne by ing the normal tension of 72 dynes per eler down to 42 at the 20 per cent arn IC). Dtscosstot rette amoke was fouod to alter the prop- of snrfactaat in bronchial washings of oy lowering the maximal tension and the minimal tension. These changes favor progressive atelect.uis in the r alveoli and overdistentan of the larger . This reduction in the stability of the »ght be conducive to emphysema, which inrestigators have found to be associaled cigarette smoking (fr5)- Bondurant, rg with rat lung eclrnets, likewise "-t cigarette smoke reduced the stabil- mg extracts, although his absolute ,.. . quite different in demonstrating a ion in minimal tension as well as in al tension. pur previous studies sirni- revealed a signifirrnt reduction in the tant in bronchial washings taken from c smokers without pulmonary syrnp- Patients with prdnwrnry disease like- hmwed abnormal strfactanl curves (9). c bubbles were ineffective in removing noke, probably because so little surfntro ms aetu:dlr ezlxsexl to watcr. The smaller K, io the 1W p mne, however, proved successful in pretenting cigarette smoke altering d,e surfactani. The millipore in tbe range of 1 µ were found to re- all of the by-products of cigarette mnokc re deleterious to snrfaclant. particulate phase of smoke has been d as being separated from the gaseous be n Llter that slops any particle larger b3 µ. The commcreial filter composed of a ilter of cellulose acetate and activated char- vas found to be aornpletely unavailing in nting the deleterious effects of smoke on ;tant. «'ynder and Kensler lmve found that ype of filter does reduce Ule tumorigenic the cilioto>ic (11) properties of noke. These properties are con- tafn¢d primarily in tlro gaseous phase nika than in the particulate pltasc and awst of lk lox;otu gaseous products apparently are ab sorbed by the eharcaal. Our resalts in the pra- ent study suggest that surfaatant tdfect, a measured by tlre Rilhelmi balance method, i extremely sensitive to minnnal partieulan contamination. The interference need rwt fr voln any of the clhemial by-products d cigarette smoke and, in Inct, the active agew is not present fn the gaaeous phase, as i demonstrated by the negligible effect on sur- factant of smoke passed through miUipotr fOtera. It is not possible to state whether particulate matter in smoke actually dtxtrop surfactant, but it aeents more likely tlmt lkr above observations reflect only a meclanieal effect on molecular cohesive forces. The simF lar results from ordinary dust also sugge9 that chemically inert particulate matter cas change the surface tension properties of a surfactant preparation. : Tlw observed alterations could be conducitm to the development of pulmonary emphysam. and the inability of the large bubble u-atn pipc to remove smoke particles could be ger mane to the incidence of pulmonary emphy senta in Afghan women. This investigatiar also suggests ven' strongly that air pollulinr may be a real danger to our pulmonary heolth. We should never forget, however, that air i never so polluted as when inhaled through 3 cigaretto, even Avidt a filter. Cn)n.IANY Tho applicatiun uf ci,arelte stnoke to bruit chial washings results in a reduction in thr effect of surfactant wiU an increase in tensior at the lower surface area and a decroaae is tension at the expanded area. Neither the best type of commercial cigarette filters nat macrobubble water traps removed enough d the smoke to prevent this alteration of suo- factant. Water traps producing bubbles IeY than )OOµ in diameter reduced the smokr effects on surfactant whcrens millipore filtcr: in the range of lµ eliminated it. This actioa of cigarette smoke was demonstrated to b comparable to that of ordinary house dust suggesting that the alteration of surfactam may largely, if not solely, be attributable to the particulate matter in cigarette smokr.' These changes markedly reduce the index d otna.crra satturt stability of the lung wd, as applicable to the dteoli, tend toward the development of em- hh}1ema. ItssvuEa E! Nena def t:ipaniAo y ta Afesraeida en !o Tnuids Superfieial Palaanar Si se aGade humo de cigarrillo al material que se emplee en lea la.adas bronquiales, ae produce sua disminuai6n eu ef efecto sobre la tensidn superficial, lo eual rodunds ar un aumento en la teuidn en lu Lre.s superfieialee inferiores y eu eu deeeenso tensional en Ias [reas expandidas. Ki el mejor de los filtroa canerefales pam ciga- rrillas, ni laa trampas de agua productoras de borhajas grandes, fuerou eapates de absorber hmtante humo como pan evitar esa alteraeidn en Is teneibn superficial. Trampas de agua cuyas burbujae emn menores de 100 N de di[metro redu- jeron el efeeto del hunto sobre la unsidu super- firial, mientras que filtros eon miles de poroa que oscilaban entre 1 P, no produjeron efecto alguno. fsta acci6n del humo de cigarrillo se cxe compara- Ide a Is del polvo easero, lo cual sugiere que estas alteraciones se debeu en gran parte, y posible- made en su totalidad, a las particulas que com- pnuen el humo. Eatoa eambios produoeu marcada tcduccidn eu el °indice de establidad" del pul- euin, especialmente en los slvfolos, e induce al d,xarrullo del enfisemn. TIESI'aE Frun& de eiparetlea e/ nvfactan/ L'npplication de fumFe de cigarettes A des pro- duita de lavage bronchique eutralne une rfductiou ,lens I'aelAYii du surfactnnt neMnlpagnle d'une angmeutation de la teusion dnns In r6gion de Ia aurfaco fufdrioure et d'une dimiuution de In t.ea- aiun dmb Is rfgion dilatde. Les meillcurs bouts- filtrvs de cigarettes actuellement disponibles dans Ie commerce, pas plus que des systL•mea de barbo- lage darns 1'eau, ue font diaparal tre asaes de f umfe pour emp6eher cette altEration du surfactant. Des ayst'cmes aqueux produisant des bulles d'un dia- mdtre inf6rieur l 100 v rEduisent lea eBetx de Is fmnde sur le surfnctaut, landis quc des filtres
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• J. REYNOLDS TOBACCO •PANY RwARCN oErMNUNs UbIW Jobt++ nt ylf'•I~7 178'j76 9 ~ I-' .4 O% ~~2k.
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, : • ~. REYNOLDS TOBACCO •ANY RESEAaoN oiMIITAAB+r ' sra•a J&,4*77 - d~ 178789 .r..r.....r.w...
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REYNOLDS TOBACCO ~rANY REiEARCN pNARTMENT 3ANn Date ,,b w 178787 ~.:
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site.on, tlelt 192951-197000 aoalytieal Data ~ DEPOSITION EXHIBIT Bo&at w 00
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ENDOTOXINAND;Ort[ANYSTIMUTATING fACTOR-QUESE EARY:LS .At.. y s fnqested by macrDpltlt$ta.ti y~ass, z Z Ilfaricb MBawk Aau 69:ata427. 1%6 yByy~ but UtUC u s2town or ns oeen reportea on ~ypn; dy~. Aa I hyp147:t77-9o3, t%S G• A amenkde tlaxwa awau. 9 W B l ER HYOt OS ~P Taadw l t f d i f l bl h b f L ema Eeay;( : tension e dirtq. Surfar; but was state, y espoted d sitNler gofsm- ion, dne 1g ah'to nspeci6c :ook and evashino ieant yise i.5 diTes 3rted Ir in sntOk- lual en4 laced oa I surfact mtlty of walls. No our dati M .It 40 Lt7ops o" aagrSeds, h30kOd a x r . y . t poss is mater e s t a rmays ate t o e6n tipms' in afwmW Bufdr of ru OuMr e aw6 d"a batract To study the regulation of granulopoie- two hours it was 29.6=10 colonies per 10° cells. 66, we measured the effect of endotoxin on periph- Six hours after endotoxin the marrow was depleted ~sl leukocyte counts and on colony-stimulating of polymorphonuclear cells. Thereafter, sequen- trtor (CSF) in the serum of CF, mice. The periph- tial increases in the myeloblast-promyelocyle and r61 granulocyte level fell from 612 ~ 69 (mean ~ myelocyte compartments of the marrow at 24 to 48 SEM.) to 147 ± 20 per cubic millimeter within 45 hours. respectively, suggested a wave of differentia- erwtes of intraperitoneal injection of 5 µg of Sal- tion from a precursor compartment with subse- eane7la typhosa endotoxin. In control animals, the quent maturation. t$F in 0.1 ml of serum stimulated the growth of The data suggest that intermittent endotoxemia - 0.4 in vitro myeloid colonies per 105 cells. may be one determinant of serum CSF levels, lorty-live minutes after endotoxin the CSF activity which, in turn, may play a part in regulating granu- sk0 increased to 7.7 = 6.1 colonies per 105 cells: after lopoiesis. ;tes and then floated towad taural phago- `ro or fambt: the ea.mn or «ndovbak 6twsk,,n and r..ow 6fm was secreted ~PBattla( pneu- B. tcftk.«a Y, Moayam~,eot CD: Tat dwuuwR a( Wa are iadetRed to L Breeeer for techninl assistance. 10. Finky TN. S.emoa EW- Curtan WS. et al: Bmnchopuhnonary Yvaae tn eermal auWeeu and ptienu whh o6auualvt Wpa dis- REFERENCt:S ease. Aw Imw Med 66:65145a. 1967 11. Fokh J, AkcoB 4 4es aL sl al: Plepndoa 6( aqide aavacu from brain tiawt. J Bipl Chem 191:B33At1, 1931 12. htarah JB, Weinaeia DB: Simple ehanina metlqd for detelmina- S,{. Fiakr TH. Smith MH. et at: A eomp.rison of alsroolar eon of lipids. J Lipid Rn 7:574-576- 1966 pd and pulmonsry, sur6cuu (t) obuined from Ne Waas 13. Banlnl GR: Phosphnlus awr in enWam eAroaatqnphy. J Biol ynpn tnoken and nonsmoken by endoMow<hid hveac. Auat CAun 23rA66a6a. 1959 163:e97-307, 1%9 14. Groas P. deTeevak RTP, Tolker EB. et at: The pulmonary mac- J0. Saeawn EW. Johawn JE 111: Hww ale<ol.r nocto• tophqe sespume to feriWqa: an atlempl at 9ualiuebn. Areh coepu'von of pk.peylic abOny, aYKUU etiliration. ud Environ Heahh 11:1741a3. 1%9 ia nnoken and nonsmokess. J Clin Invat e9:2064 13. Brain JD. Frank NR: Rscovery or (eet ceas (ran rat Wnp by 1970 repealed w.fhinas. J Appl Physinl 23:63fi9. 196a VBepe CW. Briryer H: The We of iNakd panicles in the nrly 16. Bpyham E. P6uer EA Barkely W. et al: Alveolar aunophases: ~pt.pown period. 11. 71se tek or pulawnary plassoeysoris. reduced nuMer a nu a6er psnbn<ed inhWtion or lead ses- ryr6 Eaviat Health I:{23A27. 1960 9uioaide. Scienc< 162:1297-1299. 19" Fnfa J. Urbutkova G. Vkkove A: Pulmon.ry tleannce and the 17. Kip RJ: SuAace aeuvky of luna washinas: is aur(ace-acli.e mue• yelon or .upophqes. Arch Envimp Hnlth 10:790-793. titl absorbed en «IbT J Appl Physiol 23:337•1r5. 1965 1965 It. Miller D. Bondurant 5: Effects or eiaarelle amoke on the surface Gprneei JJ. Laurenri GA: ERect of alcohol on the mobiliratwn eharaclensties ef lung eatsacls. Am Rev Rap D'a a3:692696. daatNar auetoph6aes. J Lab Ctin Med 72:40d1. 1968 1962 rele r TN. Pran SA. Ladman AJ, el al: Morphological and lipid 19. Cook WA. -Webb WR: Surfacunt in chronic smoken. Ann Tho- , vsis of she alveo6r knina material in dog IuK. J Lipid Res 9: rac Sura 2:327-333. 1966 /nsl , _ . 737•363. 1966 - 20. Morpn TE: Pulmonary sorfaeunt. N Enal J Med 2a4:1163-1191. ~Said St. HaAtn wR Jr. Burkc GW, et al: Surface tension, nxu- 1971 fyslic activity. and lipid eomposition of alveolar eelh in nashinas 21. Macklin CC: The puhnonary alveolar nwcoid Mm and the pneu• 6" turnul dos lungs and after pulmonary artery liption: impor• monorytes. Lancel 1:1099•1104. 1954 y.e of a highly surface-aclive acellular layer. J Clin Invest 47: 22. Guensel U: Zur Fraae des Vorkommrns von Fensloffen Im Spu- 6376-347. 1969 lum und in den Lunaen. Acla Soc Mod Ups I3:1•35. 1932 ~ : UI-ECT OF ENDOTOXIN ON GRANULOPOIESIS AND COLONY-STIMULATING FACTOR ' Pf~fI:R (2UESE.~BERRY, ~l.D., ALEC MORLEY, M.D., ?~I.R.A.C.P., FREDERICK STOHLMAN, JR., \I.D., i.tA'IN RICKARD, M.B.B.S., M.R.A.C.P., M.C.P.A., DONALD f'is1wARD AND MARIANNE SMITH T HE introduction of a technic for the culture of myeloid precursor cells by Bradley and. Uctcalf' and Pluznik and Sachse providea a new t4roach to the evaluation of the regulation of mye- r'0°` 16e Depsnmem of Medicine. St. Elirabeth's Hospital and w t.nvenity School of Medicine. Boston. Mass. (address reprint n"nus lo Dr. Quesenbetry at St. EI'vabethh's Hospital. 736 Cam- "ele Sl~ Boston, Mus. 02135). ~otted in pan by panu (HE 7542 and 5600) from tlrc Nalitnul (FR ~^ a^d L unj Institute and a aeneral reuarchsuppon arant • ~ f'om the Divi nd Reswrees Nalion- fOtie i f R h F s a s on o eseuc ac .ebti6n<s uf Health (Dr. Queunbeny is a tninee of the National Rkk d u . eift tf thc l.~eukemia Socictly of AmerialE 36001. and Dr. lopoiesis. The cell responsible for in vitro myeloid colony formation (CFC) is thought to be derived from the hemopoietic pluripotent stem cell (CFU) and to be committed to myeloid differentiation. The growth of CFC in culture requires the presence of a stimulator that can be provided by feeder layers from various tissuest4 or medium conditioned by these tissues!a A colony-stimulating factor (CSF) has also been demonstrated in mouse serum and human urine and serum!" Morley et al. recently reported that the CSF activity in the serum of mice increased after radiation. In their studies, the level of serum CSF activity was inversely related to the
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I.W R. J. REYNOLDS TOBACCO COMPANY RESEARCH AND DEVELOPMENT DERARTMENIS Job No. Du.. 192966 g=i~.A - G0• ~, .~ .. . ~ ~ o0
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• R. 1. REYNOLDS TOBACCO COMPAN'I RESEARCN AND DEVEICWMENi DE/ARTMEhRS Z~A Job No T. y/? 192968 rr SA 7Y- A,0~ • / 6 0 _ . t14D AND _H'JffSlppp f*~Mf mD DAR ti. ~ !_.Y r.. -ww. 1.. 4 .
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R. j. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVEiOP/YtENi DEtARTMENIS Job No. SubjeE l Date f . .. .,... .. ,. •~~ ~.,.~. , ;. ;.. ,. , 1_92960 -- 1 i
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S R. J. REYNOLDS TOBA(,'CO COMPAN :' RESEARCH AND DEVEtOPMENi DEIARIMENIS ^n ~ . Jab No. ~" W;." D„~, j sG ~9 v,::~. ~ SA _ A!f a -1 lN 00"y - _ 2ao_..A °-." G_ 0-t- ^' =' "" ~ - 6l.+rur Ln f' w Ln . w w ~ N !-~ ~P
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. s. R. J. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVEIOIMENE DE/ARTAIENES r•- yr r•/ JtL No. _ 192951 ~ f d t a7 ef7, ~ ~ C~o ,Q :4.C. .bf r2/ r~/X. LU+tdat~r'..L O1 ~ iY1l'L1lw~. •1iA ~-AA"iLa /.? te. It 1w17 ~~j ~ (90 -t.,• //r w.rb a !4^•/i7 / :•LN:4:•7 'Zl .2 ~• '~s1 _ •" ' ~ %ll •W '1 r ~ ~* :i~w_.• .CI •~- . ~lKt a /Lw Cf.a:ILN~ •-I. . UI pD . NGwuwe N O Ur/D(1ylOOD ~ `lIAD - - -AN . . _ . ~ ........-~:.•.. w•... ~r+.. ~'.- _.. _--===0 ~ . w
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• R. ). REYNOLDS TOBACCO COMPANY RESEAqCH AND DEVElorn+ENi DEtAnMErMS r . t ,P~~.~LGG / I 41,11 ,'GAWac Job No. Ew. ? 92959 _ !d ) LV " i~ Si! 1 r -r' J~- 4 ~.. .c: - .. ~ ..I e Ti _ _ na,zezt 0 tlAD AND_DND7lf10_OD ..
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S R. J. REYNOLDS TOBACCO COMPAN': NESEAECN AND DEVEiCNMEM DEPAREMENES DaI ?-.27-6P 192965 0 Ko KAD AND J1iD[tSTOOD bqH6iVQ AMD pA7! r.....~.sr..~~...~w..c.~ f_
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R. J. REYNOLDS TOBACCO COMPAN': ~.. . ~ RESEARCM AND DEVEIOIMENT DEPARTMENTS Job No. r / 9 Da. 192964 f -_n,, ' a..l ~ 7,00.•1l 1. C/O-Jk3.c: 11 - I 710H4TM MO W7! 1 ~~....; ~. ~ =z Ln N NG6 u+i IMY.lFW1D 1~ ~r wr....w.. 'w.. .-.~~rr . .. ~
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• R. J. REYNOLDS TOBACCO COMPAN :" RESEAKM AND OEVElO1MENT DEtARTMENIS Job ido. DoM ] ~ _ --" =.12 61 . ' Sd..J.eL nC .ia~ .or..G . /.:~ . /l.f - 0 2, f,Lc fjugj~ - e r ,/ ~. r~. La~~ ~lt~I~ a fal]Al1J 4 '!;pM.M" uO sf,tt .m. . . ~_- 0 n r fJl W OD r N .an AND :fwoeKtOOo r - -- W . - - ........~...~. ~.....~........~
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• a.s4 R. J. REYNOLDS TOBACCO COMPANY RESEARCN M+e oEV[taMENt oHARrM[rrts Jon rb. a~* 0,00 *Wbw~ y ` 1-- --92963 -- _-:~- , -::,? Tr-. , ~ ~
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R. J. REYNOLDS TOBACCO COMPANY RESEwRCM AND DEVEIOPMEW DEPARTMErRS JoblJo. ~ ?! Ubr° Do~ /u_ :e / ~ G•% 192967 Z Cta / /_ 4,3 l.Y -c„ -77_ l/ O 0
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.sE L 192971 G' s// n AJ,E.Q % w ma Ic.E Ln Ln w 00 (.n N N lEAD A-D VMDE[RJOD -____.- _ W - R. I• RALDS TOBACCO COMA • RESEARCM AND DEVEICWMENT DEfARTMENTS i l: E, r:o. - _.~.. - -- i p,., ~------ swru.we n,.,...w. r., .w
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S R. J. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVEtOPMfNT WARfMENIS Job ND. Da1a _ , 192985 SWNAIUl[ AND DATf _ __RFAD AND UNDf[NDOD
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R. J. REYNOLDS TOBACCO COMPANY sbod 7Z C _ .r.. r.~. .. RESEARCM AND DEVEIOPMtENT DEIARTMENTS JobND. Zri C• DDs._~~...E- i7, ~961? . 192957 J Ne •Lt. i.... . ..a../.. c ..~! ~ i. / ~ n.''" ~. ~ ~-- ~ /<^U', f-r~er-G SO ~S !.• ~ J• 24F/J ff'zG,z,.., - wo /\ Z 401 '~. 64WOU0E AMD DAR _ LI« / I • "( NEAD Ar.D UNM TOOD . . _ ~ wr....~... r.~. r +.....~.. a ~ // (~ / .+..
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Ft. J. REYNOLDS TOBACCO COMPANY PESEAqCH AND DEVEIOrAAENT DEIARTMiMS job ND. Uoro .9~T4 eO• 'fj49 192981 W W 316NAIyK "Q.DAI! i KAD 11N9 YND-lS1OOD
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S I t / Subjut Dule _ ^ . ~ • L:s..~en.~d i• •:/i .,., ... •.: / ~ r. //V..`r..•.•..., ,.../ I 7. .1l- ,." e-j-6- .• S /ilet !/ J. n!• ..... ~.L.. f dCf •1 . ~. •..c•.~.-4s4•_-_ ~. ~ i Gaxi .ta/ J. + 2 taA • T i •~r .. em R. J. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVElOM1ENi DEMRiMENfS KO k•d.^'7P.•.•` ~t"-ei.Lk- --JA. ~ 9/! _.. /, - %1, : =.Ii • .3 ir r. - • .. srow.rS95jf1 .e.c !am w+oco1oop . . . .. .~. Y...~~ L•Y ~ ...~~~.Y.A. M l ~
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S i R. J. REYNOLDS TOBACCO COMPANY RESEARCN AND DEVEIOVMENi DEPARTMENTS Job No. Dnle - ~ ilCNA7U!! AND DA1! RlAJ wMD VwD!lStOOD 192984
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R. 1. REYNOLDS TOBACCO COMPANY tESEARCM AND DEVEIOPM[Nf DEPARiMENTS 1ob No. - Do1e 192_987 S/ONAfYI! AWD DATt RAD AMD Yi+DltlipGD
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S R. J. REYNOLDS TOBACCO COMPAN :r RESEARCH AND DEVELOPMENT DEPARTMENES Job No. .2.0 r Dot* i/-,5 : G 'r 1_92969 /oJ ao /oo v
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• R. J. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVEEOPMENT DEPAREMENTS Subjat .r . ~! r ~'t/•./R :oo~ bb No. D.As 192977 _ i~ .~i.~..f- -~ ,e a./' -I N C mtsll..l.:. y- w.~ e~ . wrl. ,;Ur ..•a..le: ..-4. 'e,.y....G'A i1.~ i ,.h..I lIONAIYR! AND DA7S
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ti.s, R. J. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVELOPMENT DEPARTMENTS Job No. Doro-!/tKnu~l4., 19_297Q n~-- J' .... ....w r._.. r., ... . ... AND DAR RsAD AND YraDt~S100_•
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i Suboo • R. J. REYNOLDS TOBACCO COMPANY AESEARCM AND DEVELOPMENT DEPAiTMENTS Job No. DMe --- 192986 r t , --- --- ----- decNA,•Me Ae'D D.ar- .1AD AND paReaeoOD - ---- - - - ~ - ---- --- - - --- . s-_ ~.__:--_--- ---- - . -- - -- ~ -- -----' -
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, .,m • • R. j. REYNOLDS TOBACCO COMPAN" , RESEARC:/ 'ND OLVEIOPMENi DEPARiMENSS , . ,. •~h4wd.,r O - f • / ~-~ - ';- - Eo. 192956 ..(....W/~ i...r/1..../.../•...a• • r + _- ~~~i/ _- . ~• 1 ~ .Sv .eAO AND uMOees7Qb
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• R. J. R:'YNOi.DS TOBACCO COMPANY RESEARCH AND pEyEIOPMEMT DEIARTMEMS SYbjaf )ob Nu. Do. 192994
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R. 1. REYNOLDS TOBACCO COMPANY RESEAKM AND DEVEIMMEHi DEIMUMENTS ~ ~GC hbND . s"tj'° 192955 P.ual.V 9m A . .:~L(R~ !n~ _ e•LL ~ • .. V - ; t1 w~s w s. 4 K..uc. S-ox ~-.s s oo I~ ~w#~[ SvT e•v ~f A~ ><.~wc.a -.Q~KGtd~ a i t er ~.~.~a r/,JL C// fpNANlk ~ND Dttt i! !!AD AND VMD[eSi00f c--_
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R. J. REYNOLDS TOBACCO COMPAN't RESEARCM AND DEVHCNMENT DEPARTMENTS Job No. Do% 1~2988 7 Ln r Ln W W Ln N SY+N41VI! ArD DAT! RAD AND ONDaSTpOD G .~. ...~.... r.... .. ~.~. a .
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S R. J. REYNOLDS TOBACCO COMPANY NESEAACH AND DEVEiCNMENT DE7ARTMENTS ~.wl./.. .i /.f.tl.:.. . .. / hbtNo. D„f. ,.,Z .J,>Y. . 192975 -P-* i& / ~l%/./•./.' /iSY~f~ ~/: •!l) Qa <Sn. att G 4.1 1?.y.~. ~Czf '°r 3 t~[t e~a~ dae[ ~n.t .~r L+..1 s.rnCL ~i .. -7 a 7'2 u~d C/t j/ -4/"c~ . .FGt.U.+ /s~-+ fa-~ /-x-.-~t.._ ~la.....a~ ~ .T~.~... O /...t- N /[ Wr..o 4~ - ~~? .. 1e _ G 00 1*MrTI•l[ aMD DA7[ .. ~ N N RlAD AND iMDtKlppp J
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R. l. REYNOLDS TOBACCO COMPANY RESEAYCH AND DEVEIOPMENT DEIARTMENTS Duu SF Job FiO. 192990
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R. J. REYNOLDS TOBACCO COMPANY RESEARCH AND EIEVEIOPMENi DEPARfMENTS __ 192991 i 71WM1Wt AMD pAlt ~m elAD nuJ urbfe:rOOD
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• R. J. REYNOLDS TOBACCO COMPANY P.ESEARCH AND DEVEEOPMEN7 DEPARIMENES 14- tk, _- _ e~A 192993 EtpwTUEE AND DAtE EEAD AND V1+DEt310OD_ _ _ _ `.....~.....r._.n~..~..a.. - _- _ Ln ~ Ln W co Ul N P Ul
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R. J. REYNOLDS TOBACCO COMPANY RESEARCH AND DEVEIOPMENi DEPARTMENTS Job Nc. Dou ~_ 192992 y/GNAIYlE AND DAl! iIAD AND 4Npry10pD _
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R. J. REYNOLDS TOBACCO COMPANY R[SEANCM AND DEVHOPMENI DfiAYtMENfS Do4 1_92989= etAD AMD UAWlStOOD
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R. J. REYNOLDS TOBACCO COMPANY RESEARCM AND DEVEIOPMENT DEPARTMENTS Sub"d eSAlYR....."~R ,,b ,,, 133 DoE. ~~ 192982 _: ~ y } ..aC , r .lrr- ! u..r+-- ~/ SIOMAIYfE AND DATE Ln Ln W _ co _ _ Ln N EEAD A.uD 4MDEEtODD w
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• ~. 1. REYNOLDS TOBACCO COMPAN" RESEARCN AND DEVEIOYMENi DEYARIMEN/5 Job t1o. _ / Drn. _0 i. / / 192974 .. • ,. ~ j I . • r. . . . L . (. AIr 4~_~' r F % 1 ~~ . _Ar. yEl }~ t~.w 1.V1'~ 1.~. 1..Ta~.. =VtMS.PI ~'fy 1 1e1 C. G'VLSti i Y' .. LLyJJ•au • ~ c~ .. r~..~•.~ .I] ~/ ~ !f C.NSi ~ Km'w li ~t . . .,• ~ a z 1 1r , 31 . I -t Op •r•vQ ;. !-r j ~r. 2 A ~1g'L~ rwl ~C~,w~ 3 t3 y. ~~ ~~ _ ../' i -21c, SIONA7{Nr AND DA7! _ UAD AND yND+rStDOC Ln - . _ . ~~.. ....~...~... r-. ...... r... . . . . N . O1
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• R. J. REYNOLDS TOBACCO COMPANY RESEARCH AND OEVEtOPMEN! DEPARTMENTS Jeb KO. - 192995=_ . ---~ - i
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• R. 1. REYNOLDS TOBACCO COMPANY RESEANCH AND DEV[iO0-MENt DEIARLMEN15 1ob NO. Dol. _ 192996 31DNATWt AND DAR _ \6:D AMD aMD!tSTOpD
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R. I. REYNOLDS TOBACCO COMPANY RESEARCN AND DEVELOrMENT DEMRIMENTS C I. /./ /. n. / '. ' 9) 4 i*1 ~ J ! D'JfO • 92953 _i ~....e, • i^!/ L(/vC!/C eI ffm TN 3! SD, a4a/fo !~. -e, a .~fll - % Gf.L~,t1'ff+~~n { 611nIL r ~r .t- / ./I J P Ti,..y~. • ~ /! • ~~ - ~ G f ' ~ • . l ( S.. L• ~ % 4..• .Lfl'. ~~I dC_iG(clA Y/LLlOtJf/c..~+- l 2• H+r l'/.(.' -- ~ Ln A r. SI('.NRrx! AND Dar J: i~if. -._ UGD AND UND(RSTppp w m ~ N m Ul
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R. ). REYNOLDS TOBACCO COMPAN'r- PESEARCN AND DEVELOiMENi DEPARTMEMS SWW )ob No. Dote 1_92997 ~ tn N y1p11AlYf! AND W'f VLD AND jND[tyT ~
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~.~. ; R. J. REYNOLDS TOBACCO COMPANY ~ RESEARCH AND DEVEIOPMENI DEPARimEMS UCSA --~, IS41.0 VIV 1L,H ~CSA T o, zysV& 'Tr e_ /Zf9/ :zm o 1.,7421 TF A_ /,(?3 0 -r . O./,T36f vR 1 D./56y/ 1I e_ i~rl~7 7lI o.3syy3 .1J 0.!a3X i6f J.1 P_sA lin~ ~ Sy~ . i 973.r s en i3~9o ~~~~ ~.... e _ . 171sl7 . z:Jw ~ t~ o Job N~. •_. EYatnle~, 4, IY 192978 .7 . oti6? 3 •osd4'l sG f 7 3 . o•riGof zC vf 3 , n/_ s4/ij G1. yo , Dti.V -f.f , Hs, . 3 0. o/. <'7d a O. 0 6 ".T D. oxi* 3t o.Gw3DS- eo•.2f x,g, 44-r Jrx- m~ y~. OS- " CS~S - .' /oag1• ~ ef4f *:d Q,v/recj- Cm :A" _J v,-, .6~l,~.c-. o Yb Ra.CA ;~'.,,ad .4[L../ .-u- :[ t rtt ! e.J l171 A-/!IG L-(.(,(1 jtZ ~! '`.u L. ~...1 -elC&.y- j ,.~ , r:,.,t, ~ .r.. . .-.. ... . .. . . c. .
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-,c.a • R. 1. RE YNOLDS TOBACCO COMPANi RCSEARCN AND DFYEIOPMENT DEPARTMENTS Job No. - Dc4 _ 192.998 I
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S R. J. REYrIOi.DS TOBACCO COMPAN•j ENTS Ri .~ j M Rl1FAR(N AND DEVEEOPMENi DEPA SY"A ~ ~ ): ~ DJtO 1929_7_9-_= --- ~-~ -- ; _ 2z, _-~- r.h : -J~ .v~ . ~ a r. [s+ .a..~XC Q t/ J ~lio ~ r .t ~ f C ~/ ~ ' ~I! t f Al s r 0 .,. ~. . r! '~ !~i•`1'FS ti ~ y 5f! / , 0 0 ---'•_'1-7- 0 . ~ , f rL E Ln - - N --_ W Rl.c r.
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R. J. REYNOLDS TOBACCO COMPANY RESEARCN AND DEVNOYMENi DEOARTMENiS Job tw. p SubNq k'K ^/ /f.. L/... % •...V +r.tJi. ~ ~ • Q •t ~..L....C~C._ ! Ar rAR C Dols / - -A Z~& ~ 192976 , ~rv/""~ , r~ J O C 00 . / . ( /u . o l. /.,L '10 [ jeJr ~d iC..Y, 81A J t• ~ % LL 'r . . ~~ .w /1 I L C '-• - ~~ ~ 44L../,. ... r. :Ar I~ ! t1 / } T U _ ._. _.J . . _ t " [JL - _~ . ~ / ` ~ • (r + . KtitI1X11 . Q'.>i l ~ . - !1 Lt A• , .. J Pis !<l.1.1 /" /.[ !. /._,.,.•-`l ow~- ~ YsJi ' a. Cf•:/ .J ~ ta 'y.o o.../i J/ ii ' ~7 .2 ,- ~~'7ATl~y 500 ^,t 0 .'~D t • i* eo .. A '00 -..Lw' lL:r.•.v L+ ._.S.w Y.r~ 1t' ~.rJ/.r. ri', [l QIONAIW[ AND DAit AuD AND bNDlR6100D J
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IwM • • R. J. REYNOLDS TOBACCA COMPANY Mse,ucH M+c oEMorMEKr MarrMexrs Job No. 19_2999 , SIGru7ue! AND MfF a~--r-a :~..o...~.~..~ Ilnl, M.D uaG1.ST00D n i
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0 0
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R. J. REYNOLDS TOBACCO COMPhPi .' RESEARCH AND DEVEIOPMENi DEPARiMENIi ~ ' aW S• J•b t:-, . 5-blwl Dole •I,Q[ ~'i/r /lol, 192983 . • .• ; ~ v •. •~ 11;.cf .- / -- c*7_f?',,.,E`>'-~Y>µ+-~~''~'l.r+_, 'I . ' S'-'%y,.~; ---~..° - ~ /----- ~ -- --_ .- -- --'-/'~ ~- 2 '----- ~~ ~ T ___ _1_. rZ'~'7~~ ,~ ,4o dh..y ~ =_=~,_ --- ' 7 i ~-zs .•.z-T 41d ..T+ /'.lt/ ~ - y fr ~ t r~ y/ tc r. at4+~ ~t f] / . . . %.~- r%= ~= r21 r W LIP :IDNA/yR[ AND DAff RFAD AND lmDltS100D W . _._-Y-_. .-._-__ -_-_...__.- . .. .. _._..._ .. QI
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• R. j. ;iEYNOLDS TOBACCO COMPAN :' RLSfARCH AND DEVEICNMLNf DtPARIMENTS 1ob No. c SYb;en Da/e 193000 -- - -~• _ -: - - -- Mru/wl .Mn o.re ..r, ...r v.n..•.n:,a •~ a w)
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Sit.sorn. Nall 192951-193000 Aaalyttcal Data a... ..,o. _ .o T 1rLt -/W
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Colneei. Anthony V. 207301-207350 lata of S.oks Cooatituaots !o Iniaals.
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S - =. S•.Llacf R. J. REYNOLDS TOSACCO COIVJP11r:Y RESFAQCH AND DEVLEOiMENI DEVARIMEr.15 7 9 - 192980 a~A•r •tc1.~</P ~~ L~,F ^Wr).-_C~N-.' . -- ~ / . 300 AtZ a..lt P:A-• "j /1! c oJ • . (c.. ..:. rria/J 0o s~.,,~c .Ad... ilL1 .,Jls.a% O l/A-X~ W CAGlici...r. Iw.. /0 , ar~.... v. J...~_. Q . 3_ .v Ohl . . - .,~ ~-~-'~-~- ~~ ~e.J /YgyCDa ~2'r I .Ltnkr-~.(l~'T'IT/+~--7 A y1f.1U1V.[ AND DATn - ~---- -° --- _,-- Y. ~_. ..s...~~} A N f+ ~ w W -_- .N•c AND VKUlfSTpOC - ------_ = - tn N w .~., .. - ...«....~ . . _ . N J1.,.,_ i Ua..._~G__-__
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Jab Na DaN e53 L 2.07 301 6 H O[©ua.~ G.~. !I D: P n.!:e - e.1s1 15. 3n4 a N Fb,c ~ oq z. oog's..c ..1., T PAI o e~ D. n.e~a,t .~ JP O. D/ D• .t6 G LSrOSM G4Z OA 7.#A ~ D'1 e 7-r- / .TD S.O VI* 1 .wadha~ .2 S' 1 /kAsbw /•s& O o y Nt s C%% -'> O.~ etPL_ &. eA..P,.;te D.ia 6.P. .K L. y - :; 771
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• R. J. REYNOLnS TOBACCO COMPAN'1 RISEARCN AND DEVEIOPMENi DIPARIMENiS Sub1~T ~L~.ICs~.~ .r'ltG.-!~ ./l!ta+p.y;, ~t/»:C2I. f2 Job No. ~ o Dos _ _ .192973 '/ ° ~ J a L! -~ ` l-~ . •, e ~ fc« /tuek ,/oo . 2 v., /50~ C=ta.1/.E arr, c°1 ,~+L. •,~-J Q 3- fTa/ o/ oo s./. w +' S. .- • . '. • /. .3 : - - szbiJ,/ Ln Ac 3. 6 . , w Cu Ln N N Ul A-ly ~i`„r 'r ' . /- - 9/f ..J.• dts. LI !N/9 Y -T- ~ /_..-: 7 -- ,t'.:.. r ~ y.•4MAIUlk! AND DAR _ r1AD /JiD UND! _fTppD _
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~iw-.,,... X..: 'e4YL7a".'- 4..e-''~ . 0 Q Z -I'.a.ww~. ~- Sj . 0.1II..e • Job N& /A-? coe cta -= 0.1 0 • .1u . at0 i I3 o/" 1 • ; rfo 'i . %F O + f ~ 70 ~ ~o I 9 to ' ~ ~ 7 Pto ~r. Y 4 t~o vo y ~ o /0 1~~. 4 r o Li ~ ~ s3e t lL 39S 1~ 1~{ 0, A r i I
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. - ,. I ' 207303 ,S , at 0.10 6 4 e.es' B )'e ~.7M /. 3.. ` . IVY.\& /33 p.ft *ArzO .c.. i O / ,..~ ~ . 1. Lfu a .3/e S, ... 1 Rl l•vFti, s L i .476 ~ . . trse 1 9/199 u ( 10 f y Ln );" r, . .M 1
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• 1*2 0•1 $.u O .osi Suf...t3 0.1 JI Je6 Wo. ,?SY /.o'/.
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.- L~- N
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Q.,1-L..~L.. ~K o I n„ t3 !~e ~ e lr3 • .» Job NCL , Da. TLT~ f 207304 I S.oA%L o.ni ~ 'j t a.~ O.n• D, yrso S2,71 I /.0 A.srti O.stf 33,y f: ~ 1 1 ?! %1
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1 1 osq_ 3w ~.~to. 1 PC ao .Wb GS iw~"~n~istooo
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4 I-1 t (4 V
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Jeb Me. ~ tz 207306 Q~ FT. R: F~ 5. s. o•i bc 0 ® o.i .+ r~• .~~ .~'~ ~ k 0,57" ,S 1,6ss; : a s .5'se ; ,ySlo i 1 57l-~ 6. 0 S&S 0 fj E , ily. avdb~ . ifa d ro/-~; .•z4 .ox.(# ReesA1' R~a Er ~~awt RacT s1t COCLLh 6 In ~ ~ 1 lppo 7 R Jo a~a~a s' .~~ ioZo 14s 1 = N6 E 0 0 SY/ r--~ / J wea.ooo
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• r , ~' .. • ' . . .. ,~ Jpy Np, /3 3 pm. C u 207309 . "FT 't / eaQ~ ~y f i 1 •A ••Q t ell f s o1 s t r ir ~ Y o ~ 5 .3S y , ,7f s rV u ~ ~ Un ~ Ln w co 1.n N ~ Ln po~un~e ao wn ~ ~ , fr.ar~r...rr.rfr~aa. - J
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.9396 • 1 107728.3 .1 .9423 170 694610.7 .1 .4311 171 583144.4 .1 .8700 172 273473•1 .l .9623 173 ' 35.5 4.5 .9685 174 28.3 4.5 00.7869 175 33.5 4.5 .7910 176 320 1,4-5 .5442 177 35.2 4.S .5452 178- zs n 4.5 ~11a = .180 3.291 Q.'y~ sT 20.000 QI Pi o•t"S~ . .. 20 .000 1 -6 1, ,, nr 20 •000 9( Is - 20.000 p„ 20.000 V""°' 20.000 ~r .• 51538 5279
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• mNa y=3 t2s. 9s, GS a ssz o.i o,r nt. J.t BL o.i P~L e ~l q 1,S e/I1O , !Y c a,+•a l.y ) L.;ao.,,; I,oi~,_~ o ~ Y.0 1.,v J. k+~ ~ c e t 6> ~ 3~ a' 3~ c i.ld ve ~ ly5 ~ (,350 + (.~ss ti45 i,1a>4 174 UIo J,o , I. w vr/ ff .rS •
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.LAOJAs.- s 2'a ., t ( v3 2 .u 0 ac ~3f /I ir ~ ~ r1 ~ 4 0 IU ;qv (lJ-!1S4 J,fl,v,a "urua .w "'M st r.. r....~,-r...~.... c. c • YAC AND UMDlRAG00
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S s6,W W.. L !(Jp.a.,.X) .---'1 • Job N& oa. I-&'g L 207315 L... X-b B!. ia s L 13 03 AL AGs.' D!. i I . ,..r lir o ! / 3z ~L X - ,..s.. r
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J 8lE~ s-rr-M" "r 0 S PWM
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...r..~. &lAdbwmk*ir~ 0 7316 ~sa01 6c 71 / -7s- >d A.c i / 171~s , sr< A .ib ~,~ a1T I ca. i.ri _ .30 , fo ~r 40 3 srn S l. ~sri f j1f. /, tLO l:o .~ls tiVo .rro ~ v36 I•-n 1•ero cso > >.90 ~ / Sro l•tcu • s 2.rdo ,1.so~ ~~~ ~ 040 ~ s7)~ N rr lll W OD N N J ' . . ~ N ~~ • 'tl/QD[$1000w/0 r~ r.r~ ~.~ Y. R~rYa Il 6. pa 7//7/c~s
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. ~ ~ Job r,.. "~ A f 207305 -- ~ S p.. I s, B/ Sl _ D( 6 0/ - ./A e ~ o 0 . _..i- 1 02 1 /.'i17 a .0+ 4 i37r . _ ~ y y, . r .vfo - f f} , • J . I l•.e. _II` t l.qc s~ c I, a aSA 0 a Y L Yro q f 4~ ~~° ` S f~S_60 k~.I3,h a I'0 _ Sz I®C `wre. d.la o ~ !' z'! 4 it7C(-d 1,3si i ~ ,, f.~~10 t Q er~ ~~s z-;AJo .71e 210 2 1 3 f. S ~ 4t ._.~ u KAD "M WMUTOW
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M.° ,.. = b tia job pou _Ts/7o 207329 . 1 irf ~ et+M~ B O 4 e S s i{ .f i rso /Y4 t. e f~ 0 w ...rIC .6S1ef . • 144
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S ..:.y.. ..,: ~.~ . , Lw.60~ . d 6 AN flU. tF . aoet M*~4 (Q.- JCb NC. DOb 207308 O. 7 t m 5VA,.,4 nL "~_r1..~1-r~!J _.~...~_ -- s. , s, s r ,o I l . s C "' 1 - .- L Z 2a _s %3 ~.33;-~ - iO I , S % •3yo, „-- F_ ,SXM 4' , 3~, 9 . qyS~., 4 1377 ~'~,SdO ~~. slo i7.4'~-f *'* 13 2 1e S7.2o?..1 S.rs«z_ ,
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D, S!0L r v,.esl..tz_ [s, Z i &nG'~, .~ rt, <wr= ~. ., s .2~9s7 3o. Ac ~,w UgL Z pf1iSS 164132. a 7 nNO ti1f.36 ~ W9'9 _ IM ~ 31 ;5~1 31 a 31 .iL = 37 ~F 0 larwnm uo wn 0 0.1..,0 0 e 0' "f 0 /4 sl_ /s ~ a.~•. Ln ~ W ~-.. co J po/A+r. w( I( !!AY AND YNNUtO00 W N
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!ab Nw - /ss --~.~. peft GA ./sf 07311 s s s D./ 1f 44 o• r 6 6.t 8 D•/ b L- } 3 . zv6 - /ot s' .n7 t) `~ t(o `~ ,5 3s `fY a ~ ~ tr 7 " ,ro 9 0 ~ 3~ - vf y o o. ~ ~~ v'o ~hs~3S , a -r i 7ti •«3 /0 . )o4 IgI sf 1~ 'o f ~yLQ~ .s41~• fY » ff ~O%f to''1
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. S ... _~. Js na,. , ~ ~-r- 207319 .Za:...a. ,,..i tisf en- u.,. .Eyh- 44-- ~~ ~r o.s3n S~~ g/o syo~ ~, ei, ., Atllsf ~h4 63Y ` S9Ss~ .~ 3„ Syr zc ttY , tv e ~ S3 i/ 3>sY. 517 - z,t V v 6 C.. ®.Irsrh4 4z/ SIT 3o d 30 I e !.4" ',orrtl t54 v9'" ~YYz'J ~, w O.o9/o7 /0 l°" lG6eC ~) lu O•esc9r 19 !r3 " -rD 191,40 ~~=t .577 7/6,07 , if O19S73 rwl ~v. ~04 3 " nur~3 30 7 ~l 123) 443~5 ~ 15so,Ty Q99 tSY7 SY 7/0 O.ISwK gg o lt?a `.car 4 oa r7.4f4e7 591 93/ 3Ca&f lto, D•fYSls 'h3 b -F f IV, eSY N 1 41a,. 0 A7i4 333 4.47 i9Se7 6z
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mod o°a-~•7-•, 207320 S~ • 1w... , OAO AtL KS 5L a r%30eo r.. R~ 52 • . ° (.rtiooV S ome q f.+.e /.a..o (o.i Q;i D , 0 i3 gt5, .sfi tio 01v _.srs ~ 74i . s~ f. wo •4ry = N r o ~s . S o 1Y0 l~ 144 Y If/T/ ,Sl-o I•~ o .4 tV S y u J•ifa •VQ4 ~ ,y ~ ,s {r ,v ,hio . ~ ~ ~ c e .4q3 ~ .~~a • fd 4r 0 i ~(r9~ /.c~e It JI 1Mo .bbe y ~ .vey
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3""O° -J6.,.&ca'4e.,.i ' Job Ho. pen _hhe 2Q7336 ct~. ..~~.f ...~~, U a AL" 4 4 Q~ ~ ~ ~ "bAS6zA .S a TI bSNO 3 ww976 2r. 44 sa __ (~ y .9~ S ~ 310 3 iWY Sj73>D1 '~ ~ w n $ r 47iu uocv~ ~ ~~r O sn0 "t3 tl -~ h a h s...P 31 ty ~ D u:../a ~' ~•'1d.~~ - o.e6LL~ ctf~L /.~ ~' ~ ia~./.a ~ I . T n.s~yo L4 4S ^ laelk ~t "_ ~t n cANAL ?4
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,eb r+e. Da,, •fal.f 073®34_ p . , u:.. ..~ ~..~ ~ t.,4. ~~Ag t !z-.A..o r- ~ vc 3roA ~wr...l i4 ~ c . 19 4'° CiA.q Lt' 3So /,SK L 4j* a a.•s.c . 11!?4f S lC l4 , 't 3e ~ e + . gr 3u o s N ~ h-+
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I r I
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0 Irzcvew S ,ob No. o,,,, ;lv C f 7322 (t..A- A-- ~ ..: /. y..,.c " , • `."- 'Lv4..., mP.~~ .x.&,& ~.crA.G....Q.O ' .3 J C CeKl~ Jf.rQ e~ti _ SO ax.C. P6g:.! 3 - f . oo A, _o, , '3ac"a o lo1 h 4~s QD. . qas0 ~ ~.~ ass- o c.so - 0 ~ 910 . ~ ,- ~ ~u ~ N J W
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• ~ aI _ Oft~ s d o oloYS C e tY ~oesa ,~ . i~~gS 6'N oS~9o ,,Ay 4~ ~ oia o Fv ~e~o .ts5~ r- L 1r10 1 0 ~. a ~ i~ 46fp S7is4 b 63 b•sYo 734 S liG O. ~ D S'Sv 4 60 .ar S'W T17Iv 'Qr33i .{~ D ® tw~utun iwo aR__LL//I/~ 7 Gfl..l/lG~'~~C. .ue AND uNm,frooo
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51538 5302 I 1 2 i
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